Revisions to the Export Administration Regulations (EAR) To Make the Commerce Control List (CCL) Clearer, 71213-71257 [2012-28363]

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Vol. 77
Thursday,
No. 230
November 29, 2012
Part II
Department of Commerce
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Bureau of Industry and Security
15 CFR Parts 734, 740, 772, and 774
Revisions to the Export Administration Regulations (EAR) To Make the
Commerce Control List (CCL) Clearer; Proposed Rule
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Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Proposed Rules
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 734, 740, 772, and 774
[Docket No. 110818512–2136–01]
RIN 0694–AF37
Revisions to the Export Administration
Regulations (EAR) To Make the
Commerce Control List (CCL) Clearer
Bureau of Industry and
Security, Commerce.
ACTION: Proposed rule.
AGENCY:
On December 9, 2010, the
Bureau of Industry and Security (BIS)
published an advance notice of
proposed rulemaking entitled
Commerce Control List: Revising
Descriptions of Items and Foreign
Availability as part of the President’s
Export Control Reform (ECR) Initiative.
The December 9, 2010 notice sought,
among other things, public comments
on how descriptions of items controlled
on the Commerce Control List (CCL)
could be made clearer. This proposed
rule would implement changes
identified by BIS and the public that
would make the CCL clearer. This rule
would only implement changes that can
be made to the CCL without requiring
changes to multilateral export control
regime guidelines or lists. However, BIS
has identified changes that would
require a decision of a multilateral
regime to implement. For those changes,
the U.S. Government is developing
regime change proposals for
consideration by members of those
multilateral export control regimes. BIS
will implement those changes in
separate rulemakings, if approved by the
respective multilateral export control
regimes.
DATES: Comments must be received by
BIS no later than January 28, 2013.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. The identification
number for this rulemaking is BIS–
2012–0044.
• By email directly to
publiccomments@bis.doc.gov. Include
RIN 0694–AF37 in the subject line.
• By mail or delivery to Regulatory
Policy Division, Bureau of Industry and
Security, U.S. Department of Commerce,
Room 2099B, 14th Street and
Pennsylvania Avenue NW., Washington,
DC 20230. Refer to RIN 0694–AF37.
The Department of Commerce’s Plan
for Retrospective Analysis of Existing
Rules may be found at: http://
open.commerce.gov/news/2011/08/23/
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SUMMARY:
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commerce-plan-retrospective-analysisexisting-rules.
FOR FURTHER INFORMATION CONTACT:
Timothy Mooney or Robert Monjay,
Regulatory Policy Division, Bureau of
Industry and Security, Department of
Commerce, Phone: (202) 482–2440, Fax:
(202) 482–3355, Email:
rpd2@bis.doc.gov.
SUPPLEMENTARY INFORMATION
Background
On December 9, 2010 (75 FR 76664),
the Bureau of Industry and Security
(BIS) published an advance notice of
proposed rulemaking entitled
Commerce Control List: Revising
Descriptions of Items and Foreign
Availability as part of the President’s
Export Control Reform (ECR) Initiative.
The December 9 notice sought, among
other things, public comments on how
descriptions of items controlled on the
Commerce Control List (CCL) could be
made clearer. Although these revisions
originated with the ECR initiative, this
proposed rule is entirely consistent in
spirit and substance with Executive
Order 13563, under which agencies are
to conduct retrospective analyses of
their regulations to identify and remedy
any unnecessary compliance burden
caused by rules that are unduly
complex, outmoded, inconsistent, or
overlapping. In Executive Order 13563,
the President directed each agency to
review its ‘‘existing significant
regulations, and consider how best to
promote retrospective analysis of rules
that may be outmoded, ineffective,
insufficient, or excessively burdensome,
and to modify, streamline, expand, or
repeal them in accordance with what
has been learned.’’ In response to this
directive, Commerce released on August
23, 2011 a plan for the review of its
regulations. This proposed rule was
identified by the Department as part of
its plan for the retrospective analysis of
regulations. The Department’s plan may
be found at: http://open.commerce.gov/
news/2011/08/23/commerce-planretrospective-analysis-existing-rules.
This proposed rule would implement
changes identified by BIS and the public
that would make the CCL clearer. This
rule would only implement changes that
can be made to the CCL without
requiring a multilateral regime change.
However, BIS has identified changes
that would make the CCL clearer, but
would require a multilateral export
control regime change to implement.
The U.S. Government is developing
some of those changes into regime
change proposals for consideration by
members of those multilateral export
control regimes. BIS will implement
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those changes in separate rulemakings,
if approved by the respective
multilateral export control regimes.
This proposed rule will identify new
phrases or headings within double
quotations. The EAR identifies terms
defined in part 772 with double
quotations as well. Please note that not
all of the terms set forth within
quotations in this proposed rule are
defined in part 772. The additional
double quotations around new phrases,
headings, or commonly used words, are
used in the Background section of this
proposed rule to assist in the readability
of the text.
This proposed rule includes changes
described under four headings:
(1) Clarifications to existing CCL
controls, including the use of the terms
‘‘parts’’ and ‘‘components’’ on the CCL;
(2) Changes to conform the CCL to the
multilateral export control regime
control lists and previous amendments
to the EAR;
(3) Structural changes to improve the
clarity of the CCL; and
(4) Removal of fourteen ECCNs
subject to the exclusive jurisdiction of
the Nuclear Regulatory Commission.
(1) Clarifications to Existing CCL
Controls, Including the Use of the
Terms ‘‘Parts’’ and ‘‘Components’’ on
the CCL
The majority of changes proposed in
this rule would amend the CCL without
changing the scope of the controls.
However, this rule does propose
changes that would affect the scope of
one ECCN. Specifically, this rule
proposes to remove ECCN 8A918 and
add certain marine boilers to ECCN
8A992, where they would be controlled
for AT and UN reasons. This change is
described in more detail below under
the heading ‘‘ECCN 8A918.’’
The bulk of the changes this rule
would make to the CCL are nonsubstantive and would provide
additional regulatory guidance to people
classifying items subject to the EAR.
One proposed change would be to
clarify the scope of ECCNs by providing
clearer definitions of the terms ‘‘parts’’
and ‘‘components,’’ which is discussed
below. The changes BIS proposes in this
rule in this section are limited to
aligning with the definitions of ‘‘part’’
and ‘‘component’’ included in a
proposed rule published on July 15,
2011 (76 FR 41958) entitled ‘‘Proposed
Revisions to the Export Administration
Regulations (EAR): Control of Items the
President Determines No Longer
Warrant Control Under the United
States Munitions List (USML).’’
(hereinafter ‘‘the July 15, 2011 rule’’)
These proposed changes include adding
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additional references to ‘‘part’’ and
‘‘component’’ where needed in certain
ECCNs to clarify that the scope of those
ECCNs also extends to ‘‘parts’’ and
‘‘components’’ even if previously those
ECCNs may have only referenced part or
component, but not referenced both part
and component together. The proposed
definitions of ‘‘part’’ and ‘‘component’’
are provided below, along with a
discussion of the context for the need to
make certain conforming changes
proposed in this rule. The proposed
conforming changes included in this
rule would not be published in final
form until the revised definitions of
‘‘part’’ and ‘‘component’’ are published
in final form in a separate rule.
BIS is not attempting, with the
proposed changes adding additional
references to ‘‘parts’’ and
‘‘components,’’ to change the scope of
what the affected ECCNs control. If,
however, the public believes any such
changes would change the present scope
of the affected ECCNs, then the public
should submit comments that identify
such changes and explain how the
changes would cause the ECCNs to
deviate from their present scope. In
addition, the public is encouraged to
review the entire CCL to identify and
comment on any other ECCN that uses
the terms ‘‘parts’’ or ‘‘components’’
where additional changes may be
warranted to conform to the intended
scope of those ECCNs.
The proposed clarifying changes are
as follows:
(A) Revisions to ECCN headings to
clarify meaning.
Revision to the headings of twentyfour ECCNs. In Supplement No. 1 to
part 774—The Commerce Control List,
this rule would revise, to enhance
clarity, the headings of the following
twenty-four ECCNs: 1A995, 1B115,
2A291, 2B005, 2B109, 2B352, 2B991,
2B992, 3B991, 4A994, 5A991, 5D992,
5E992, 6A006, 6A996, 6A997, 6A998,
6B995, 6D993, 7A103, 7A107, 8A992,
9A106 and 9B991. This rule would also
clarify the relationship between the
headings and the ‘‘items’’ paragraph in
the List of Items Controlled section of
these twenty-four ECCNs. For example,
in certain ECCNs, the entries include an
‘‘items’’ paragraph, but the ECCN
heading does not direct people to
review the ‘‘items’’ paragraph. This rule
would add the phrase ‘‘(see List of Items
Controlled)’’ to these ECCN headings.
For other ECCNs listed above, the
heading includes the phrase ‘‘(see List
of Items Controlled),’’ but the placement
of the phrase is not correct in terms of
what BIS intended to control in the
ECCN. If the phrase appears at the end
of the heading, then that means the
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‘‘items’’ paragraph in the List of Items
Controlled section is the exclusive,
complete list of the items the ECCN
controls. If, however, the phrase appears
in the middle of the heading, then that
means only that portion of the heading
prior to the phrase ‘‘(see List of Items
Controlled)’’ is specifically identified in
the ‘‘items’’ paragraph in the List of
Items Controlled section, and that the
remaining part of the heading (i.e., the
rest of the heading after the phrase ‘‘(see
List of Items Controlled)’’) is an
exclusive, complete description.
The placement of the phrase ‘‘(see List
of Items Controlled)’’ is important for
‘‘parts’’ and ‘‘components’’ referred to in
ECCN headings. If ‘‘parts’’ and
‘‘components’’ references appear before
the phrase, then that means the entry
only controls ‘‘parts’’ and
‘‘components’’ specifically identified in
the ‘‘items’’ paragraph in the List of
Items Controlled section. If, however,
the phrase is in the middle of the
heading and the reference to ‘‘parts’’
and ‘‘components’’ appears after the
phrase—such as ‘‘and specially
designed ‘‘parts’’ and ‘‘components’’
therefor’’—that means the ECCN would
control specially designed ‘‘parts’’ and
‘‘components’’ for any item identified in
the ‘‘items’’ paragraph in the List of
Items Controlled section. This rule does
not address the definition of ‘‘specially
designed,’’ which was proposed in a
separate Federal Register notice on June
19, 2012 (77 FR 36409), but rather the
relationship between these headings
and the ‘‘items’’ paragraph in each of
these respective ECCNs.
BIS is not attempting, with the
proposed changes to the headings, to
change the scope of what the affected
ECCNs control. If, however, the public
believes any such changes would alter
the present scope of these ECCNs, then
the public should submit comments that
identify such changes and explain how
the changes would cause the ECCNs to
deviate from their present scope. In
addition, the public is encouraged to
review the entire CCL to identify and
comment on any other ECCN headings
that could be made clearer.
Revisions to thirteen ECCNs. In
addition, this rule would add the phrase
‘‘as follows’’ to the headings of the
following thirteen ECCNs: 0A981,
5D991, 5D992, 5E992, 6A992, 6A994,
6A995, 6A997, 6A998, 6B995, 6C994,
6D993 and 9B991, for consistency with
the structure of other ECCNs on the
CCL. The phrase ‘‘as follows’’ is used on
some of the multilateral export control
regime control lists, which is why the
phrase is used on the CCL, including in
some unilateral ECCNs to conform to
the structure of the regime-based
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ECCNs. The multilateral export control
regimes do not use the phrase ‘‘(see List
of Items Controlled),’’ but this phrase is
used in many of the multilateral-based
ECCNs on the CCL. BIS seeks greater
consistency in how CCL headings are
constructed, in particular how these two
phrases are used in the ECCN headings.
BIS welcomes additional suggestions for
how these two phrases can be used
more consistently on the CCL and
whether one term or another should be
used instead of using these two phrases
together in many ECCN entries.
ECCN 1D993. This rule would revise
the heading of 1D993 to remove the
term ‘‘equipment’’ for consistency with
the definition of ‘‘equipment’’ proposed
in the July 15, 2011 rule. This ECCN
currently refers to equipment or
materials, but the only ECCNs cross
referenced in the heading are for
controls on materials, so the term
equipment is not needed in 1D993.
ECCNs 0D001, 3D980, 3E980, 4D980
and 4E980. This rule would revise the
headings of ECCNs 0D001, 3D980,
3E980, 4D980 and 4E980, by removing
the term ‘‘items’’ and adding the term
‘‘commodities’’ in its place. This rule
would make this change because in the
context of these five ECCN headings, the
term ‘‘commodities’’ is more accurate
and specific regarding the scope of these
entries.
ECCN 2B998. The heading of 2B998
uses the undefined term ‘‘units.’’ To add
greater specificity regarding what the
term ‘‘unit’’ is intended to cover in this
ECCN, this rule proposes to modify the
heading by removing the term ‘‘units’’
and adding the term ‘‘circuit boards.’’
This change would clarify that ‘‘circuit
boards’’ are the items covered under the
heading of 2B998.
ECCNs 3A980 and 3A981. This rule
would add the term ‘‘therefor’’
immediately before the term ‘‘n.e.s.’’ to
the headings of ECCNs 3A980 and
3A981. This rule would make this
change to emphasize that these ECCNs
refer only to components of the subject
voice print equipment and polygraph
equipment.
ECCNs 5A001 and 5A991. This rule
would correct the spelling of the word
‘‘antennae’’ in the ‘‘unit’’ paragraph of
5A001 and the ‘‘items’’ paragraph (f) of
5A991. This word should be spelled as
‘‘antennas’’ to reflect the intended
meaning in these two ECCNs.
ECCN 6C992. This rule would correct
a grammatical error in 6C992 by
removing the word ‘‘which’’ and adding
in its place the word ‘‘that.’’
ECCN 9B002. This rule would correct
a capitalization error in the heading of
9B002 by making the uppercase ‘‘S’’ in
the phrase (See List of Items Controlled)
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lower case. This rule would make this
change for consistency with other
references to this phrase on the CCL.
(B) Clarifying the use of the terms
‘‘parts’’ and ‘‘components’’ on the CCL.
The July 15, 2011 rule included
proposed definitions for the terms
‘‘parts’’ and ‘‘components.’’ The July 15,
2011 rule proposed defining ‘‘parts’’ as
‘‘any single unassembled element of a
component, accessory, or attachment
which is not normally subject to
disassembly without the destruction or
the impairment of design use. Examples
include threaded fasteners (e.g., screws,
bolts, nuts, nut plates, studs, inserts),
other fasteners (e.g., clips, rivets, pins),
common hardware (e.g., washers,
spacers, insulators, grommets,
bushings), springs and wire.’’
The July 15, 2011 rule proposed
defining ‘‘components’’ as an item that
is useful only when used in conjunction
with an ‘‘end item.’’ Components are
also commonly referred to as
assemblies. For purposes of this
definition, an assembly and a
component are the same. There are two
types of ‘‘components’’: ‘‘Major
components’’ and ‘‘minor components.’’
A ‘‘major component’’ includes any
assembled element which forms a
portion of an ‘‘end item’’ without which
the end item is inoperable. For example,
for an automobile, components include
the engine, transmission, and battery. If
you do not have all those items, the
automobile will not function, or
function as effectively. A ‘‘minor
component’’ includes any assembled
element of a ‘‘major component.’’
‘‘Components’’ consist of ‘‘parts.’’’
References in the CCL to ‘‘components’’
include both ‘‘major components’’ and
‘‘minor components.’’
Another example for applying the
definition of ‘‘components’’ in the
automobile context would be a fuel
pump and the engine. Under this
additional example, the fuel pump is a
minor component of an automobile, as
it is an assembled element of a ‘‘major
component,’’ the engine. While the car
will not function without the fuel
pump, it is not a ‘‘major component’’
because it is integrated into a ‘‘major
component,’’ the engine.
The July 15, 2011 rule indicated BIS
would review the use of these two terms
on the CCL and would likely make
clarifications to CCL entries to conform
to the proposed definitions included in
the July 15, 2011 rule under a separate
rulemaking. This proposed rule
addresses the use of the terms ‘‘parts’’
and ‘‘components’’ on the CCL to ensure
these terms would be used in a manner
consistent with the proposed definitions
included in the July 15, 2011 rule.
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The terms ‘‘parts’’ and ‘‘components’’
have sometimes been used
interchangeably in various ECCNs. The
proposed definitions included in the
July 15, 2011 rule were developed to
provide clear, distinct definitions for
each of these terms and other terms
such as ‘‘end item,’’ ‘‘system,’’ and
‘‘accessories and attachments,’’ to align
with the definitions of these terms in
the International Traffic in Arms
Regulations (ITAR). See 22 CFR § 121.8.
Such distinctions are significant for
purposes of determining whether an
ECCN applies to an item to be exported.
Under the July 15, 2011, construct for
the definitions of ‘‘parts’’ and
‘‘components,’’ if an ECCN does not
include a control on ‘‘parts’’ or
‘‘components,’’ then that ECCN would
not, by definition, apply to the export of
any particular ‘‘parts’’ or ‘‘components’’
meeting the respective definitions.
However, as referenced above, the terms
‘‘parts’’ and components’’ have
sometimes been used interchangeably,
so to ensure that once these definitions
of ‘‘parts’’ and ‘‘components’’ are added
to the EAR that the scope of existing
controls are not narrowed, this rule
proposes to add in additional references
to ‘‘part’’ or ‘‘component,’’ in particular
for ECCNs that are based on the
multilateral export control regime
control lists. Under the current EAR
many of these ECCNs based on the
multilateral control lists only list
‘‘components,’’ but not ‘‘parts.’’
However, the U.S. Government and
other multilateral regime members have
interpreted these ECCNs as also
including ‘‘parts.’’ BIS proposes in this
rule to add additional references to
‘‘parts’’ in these ECCNs, so the U.S.
Government can ensure that it is
meeting its multilateral export control
regime commitments. Over the mid- to
long-term, BIS will reach out to the
respective multilateral regimes and
discuss whether certain ECCNs should
be limited to ‘‘components’’ or ‘‘parts’’
or some other subset of ‘‘components,’’
such as major components or minor
components.
Many of the unilateral-based ECCNs
on the CCL reference ‘‘parts,’’ but not
‘‘components.’’ For unilateral-based
ECCNs, BIS has more discretion in
whether these ECCNs should control
‘‘parts’’ and ‘‘components.’’ However,
for consistency with the approach
proposed for the multilateral based
ECCNs in this rule and to ensure the
scope of the unilateral ECCNs is not
changed, this rule proposes adding
additional references to ‘‘parts’’ and
‘‘components’’ as needed in the
unilateral ECCNs to conform to how BIS
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has interpreted the scope of these
ECCNs in the past.
To conform to the proposed
definitions of ‘‘parts’’ and
‘‘components,’’ BIS is proposing a
number of changes to the CCL to
incorporate the terms ‘‘parts’’ and
‘‘components’’ in specific ECCNs. The
primary purpose of these ECCN changes
is to conform to those proposed
definitions and to ensure that no
changes are made to the current U.S.
Government interpretation of these
ECCN entries. The public should keep
in mind the overall purpose is not to
change the current scope of controls, but
rather to clarify the scope of these
ECCNs consistent with the July 15, 2011
rule definitions and how items are
currently classified under these ECCNs.
These proposed changes would revise
the following one hundred fifty eight
ECCNs on the CCL where the term
‘‘parts’’ or ‘‘components’’ is used, as
identified and described below in more
detail:
‘‘Parts’’ is used, but ‘‘specially
designed’’‘‘components’’ or
‘‘ ‘‘components’’ as follows’’ is intended
or ‘‘specially designed’’ ‘‘parts’’ and
‘‘components’’ is intended. In three
ECCNs, the term ‘‘parts’’ is used, but the
term ‘‘specially designed’’
‘‘components’’ is intended. This rule
would remove the term ‘‘parts’’ and
replace it with the terms ‘‘specially
designed’’ ‘‘components’’ in the
following three ECCNs: 0A979, 3A980
and 3A981. This rule would remove the
term ‘‘part’’ and replace it with the
terms ‘‘specially designed’’ ‘‘parts’’ and
‘‘components’’ to the following four
ECCNs: 0A982, 0A983, 0A985, 0A986.
In ECCNs 0A984 and 0A987, the term
‘‘parts’’ is used, but the term
‘‘components’’ or ‘‘ ‘‘components’’ as
follows’’ is intended. This rule would
remove the term ‘‘parts’’ and replace it
with the term ‘‘components’’ or ‘‘
‘‘components’’ as follows’’ in these
ECCNs.
‘‘The hybrid ‘‘component parts’’ is
used, but ‘‘parts’’ and ‘‘components’’ is
intended. In certain ECCNs the hybrid
undefined term ‘‘component parts’’ is
used, but the intent is ‘‘parts’’ and
‘‘components.’’ This rule would change
ECCN 3A201 to bring its meaning into
alignment with this intent by changing
‘‘component parts’’ to ‘‘parts’’ and
‘‘components.’’ This same issue appears
in some of the ‘‘xY018’’ ECCNs on the
CCL, but given those ECCNs will be
addressed in the ongoing USML to CCL
process as those items in the ‘‘xY018’’
ECCNs are moved to the ‘‘600 series’’
ECCNs, this rule does not propose
making changes to those ‘‘xY018’’
entries.
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The term ‘‘spare parts’’ is used, but
‘‘parts’’ is intended. In ECCN 5A002, the
term spare parts is used in the ‘‘LVS’’
(License Exception ‘‘shipments of
limited value’’) paragraph, but the intent
is ‘‘parts.’’ The inclusion of the nonstandard, undefined term ‘‘spare parts’’
could cause confusion about the scope
of the LVS authorization. This rule
removes the word ‘‘spare’’ to clarify the
applicability of this license exception to
this ECCN.
‘‘Parts’’ or ‘‘accessories’’ is included,
but is not within scope of the ECCN. In
ECCNs 2B201, 2B206, 2B209, 2B290,
6A225, 6A226, 6A992, 6A994, 6A995,
6C992, 6C994, and 9A120, the terms
‘‘parts’’ and ‘‘accessories’’ are used in
the ‘‘unit’’ paragraph in the List of Items
Controlled section, but the ECCN does
not include ‘‘parts’’ or ‘‘accessories’’ in
the list of what that ECCN controls. The
inclusion of references to ‘‘parts’’ or
‘‘accessories’’ in these ‘‘unit’’
paragraphs may cause confusion
regarding the scope of those ECCNs.
This rule would remove such references
to ‘‘parts’’ and ‘‘accessories’’ in these
ECCNs.
‘‘Accessories’’ is included, but is not
within scope of the ECCN. In ECCNs
2A292, 6A203, 6A992 and 9A106, the
terms ‘‘parts’’ and ‘‘accessories’’ are
used in the ‘‘unit’’ paragraph in the List
of Items Controlled section, but the
ECCN does not include ‘‘accessories’’ in
the list of items that the ECCN controls.
The inclusion of a reference to
accessories in these ‘‘unit’’ paragraphs
may cause confusion regarding the
scope of those ECCNs. In these same
ECCNs, the term ‘‘components’’ is
included in the ‘‘unit’’ paragraph, but
with a different unit of measurement
than ‘‘parts.’’ The references to ‘‘parts’’
and ‘‘components’’ with different units
of measurement is inconsistent with the
interchangeable use of these terms. This
rule would remove such ‘‘parts’’ and
‘‘accessories’’ references and insert
‘‘parts’’ before the ‘‘components’’
reference in these ECCNs.
‘‘Parts’’ or ‘‘components’’ is used, and
BIS intends the ECCN to mean ‘‘parts’’
and ‘‘components.’’ As the terms
‘‘parts’’ and ‘‘components’’ are currently
used interchangeably in many entries,
maintaining current controls while
adopting definitions for these words
requires the use of both words in each
of the one hundred forty-eight (148)
ECCNs where one of those terms is
currently used and intended. This will
ensure that existing ECCNs maintain the
same controls as exist under the prior
undefined interchangeable use of the
terms parts and components that
encompass all subsidiary elements of a
complete system. BIS, in consultation
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with the other agencies and multilateral
export control regimes, intends to revise
these entries in the future to further
refine the CCL controls.
This rule would insert ‘‘parts’’ and
add quotation marks in the following
127 ECCNs and Notes:
1A001, 1A002, 1A004, 1A005, 1A006,
1A008, 1A102, 1A995, 1B001, 1B003,
1B101, 1B102, 1B115, 1B117, 1B118,
1B119, 1C007, 1C117, 1C230, 1C350,
1C355, 2A001, 2A991, 2B001, 2B003,
2B004, 2B005, 2B109, 2B116, 2B229,
2B351, 2B352, 2B992, 2B998, 2D351,
3A001, 3A003, 3A101, 3A201, 3A233,
3A292, 3A982, 3A991, 3A999, 3B001,
3B002, 3B991, 3B992, 3D982, 3D991,
3E001, 3E003, 3E982, 3E991, 4A001,
4A003, 4A004, 4A101, 4A994, 5A001,
5A991, 5B001, 5E001, 5A002, 5A992,
6A001, 6A002, 6A003, 6A004, 6A005,
6A006, 6A008, 6A102, 6A107, 6A205,
6A991, 6A992, 6A995, 6A996, 6A998,
6B008, 6B995, 6D001, 6E001, 6E002,
6E993, 7A001, 7A002, 7A003, 7A005,
7A008, 7A101, 7A102, 7A103, 7A104,
7A105, 7A107, 7D001, 7D101, 7E001,
7E002, 7E101, 8A002, 8A992, 9A002,
9A003, 9A004, 9A005, 9A006, 9A008,
9A010, 9A011, 9A012, 9A106, 9A108,
9A109, 9A111, 9A120, 9B001, 9B002,
9B003, 9B009, 9B010, 9B115, 9B116,
9D004 and 9E003.
In addition to the 127 ECCNs
identified in the previous paragraph,
this rule would also insert ‘‘parts’’ and
add quotation marks in the Note to the
Table on Deposition Techniques in the
introductory portion of Category 2,
Product Group E, and the introductory
Notes to Category 5, Parts I and II.
This rule would insert ‘‘components’’
and add quotation marks in the
following 12 ECCNs:
2A292, 2A994, 2B001, 2B201, 5A980,
6A203, 6B995, 8A992, 9A012, 9A106,
9A991 and 9B010.
This rule would reposition the term
‘‘parts’’ before ‘‘components’’ and add
quotation marks to the existing terms
‘‘parts’’ and ‘‘components’’ in the
following 12 ECCNs:
1A004, 1C002, 2A983, 2A984, 3A001,
4A994, 6A992, 7A994, 9A106, 9A991,
9B990 and 9E003.
(C) Clarifying the use of the term
‘‘assemblies’’ on the CCL as
components.
In the July 15, 2011 rule, BIS
proposed to define the term
‘‘components’’ to mean ‘‘components
are also commonly referred to as
assemblies. For purposes of this
definition, an assembly and a
component are the same.’’ BIS has
reviewed the CCL to ensure the term
‘‘assemblies’’ is not being used
redundantly on the CCL. This review
has identified five ECCNs (5A991,
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9A002, 9A003, 9B002 and 9D004) where
the terms ‘‘assemblies’’ and
‘‘components’’ are being used in the
same ECCN, but the term ‘‘assemblies’’
should be removed to avoid the
incorrect interpretation that assemblies
are different from components. This rule
would add the term ‘‘electronic’’ before
the term ‘‘assemblies’’ in 5A991 under
‘‘items’’ paragraphs (c.1) and (g) to
distinguish the particular type of
assembly that is intended to be
controlled under this entry. With regard
to ECCNs 9A002, 9A003, 9B002 and
9D004, the U.S. Government intends to
develop a proposal to submit to the
Wassenaar Arrangement that would
propose the removal of the term
‘‘assemblies’’ from these ECCNs or
propose adding more descriptive terms,
such as ‘‘electronic’’ to clarify the scope
of those other multilateral-based ECCNs.
This rule would remove reference to
the term ‘‘assemblies’’ in ECCN 6A998,
and add the term ‘‘components’’ in its
place. As described above, this rule also
proposes adding the term ‘‘parts’’ to
6A998.
(D) This rule would also revise the
following ECCNs:
ECCN 1C996. This rule would amend
1C996 by revising the heading to add
the phrase ‘‘not controlled by 1C006,’’ to
clarify the scope of 1C996 as it relates
to 1C006.
ECCN 2B350. This rule would amend
2B350 by revising the ‘‘Related
Definitions’’ paragraph in the List of
Items Controlled section to indicate for
purposes of this entry that the term
‘chemical warfare agents’ includes those
agents ‘‘subject to the ITAR’’ (see 22
CFR parts 120 through 130). In addition,
this rule would add a note at the end of
the ‘‘items’’ paragraph in the List of
Items Controlled section to provide a
reminder and cross reference to the Note
for exporters, reexporters and
transferors, stating the following: ‘‘See
Categories V and XIV of the United
States Munitions List for all chemicals
that are ‘‘‘subject to the ITAR’ (see 22
CFR parts 120 through 130).’’
ECCN 2B996. This rule would amend
2B996 by revising the heading to clarify
that dimensional inspection or
measuring systems or equipment not
controlled by 2B006 or 2B206 are
controlled under this ECCN. Certain
dimensional inspection or measuring
systems or equipment controlled under
2B206 would also be controlled under
2B996. To clarify the relationship
between 2B996 and 2B206, this rule
would add 2B206 to the exclusion from
2B996.
ECCN 6A002. This rule would revise
the STA (License Exception ‘‘Strategic
Trade Authorization’’) paragraph in the
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License Exceptions section, which as
proposed in this rule would now be in
its own section called Special
Conditions for License Exception STA.
This rule would remove the phrase, ‘‘to
any of the eight destinations listed in
§ 740.20(c)(2) of the EAR’’ from the end
of the current STA paragraph and would
add it to the introductory text of the
STA paragraph. BIS makes this change
to clarify the 6A002 ‘‘items’’ paragraphs
that are not eligible for License
Exception STA to any of the eight
destinations listed in § 740.20(c)(2).
ECCN 8A918. This rule would remove
the marine boilers from 8A918 and
would move these items to two new
‘‘items’’ paragraphs that would be added
in the List of Items Controlled section of
8A992. This rule would add a new
‘‘items’’ paragraph (l) to 8A992 for
marine boilers designed to have any of
the characteristics in the new 8A992.l.1
or .l.2. This rule would add ‘‘items’’
paragraph (m) to 8A992 for components,
parts, accessories, and attachments for
marine boilers that would be described
in 8A992.l. This rule’s proposed
movement of these commodities from
8A918 to 8A992.l and .m would remove
the Regional Stability (RS) Column 2
control on these commodities. The AntiTerrorism (AT) and United Nations
(UN) controls would be retained for the
commodities moved to 8A992.l and .m.
BIS proposes this change because these
marine boilers do not warrant an RS
control or a separate ECCN entry and
can therefore be added under ECCN
8A992 to be controlled with other types
of marine commodities warranting an
AT control.
ECCN 9A980. This rule would revise
9A980 by removing the term ‘‘parts’’
from the heading of the ECCN and
adding a new heading note to clarify the
scope of the ECCN. The Crime Control
(CC) parts that would have been
classified under this entry if exported
alone are already accounted for on the
CCL and controlled for CC reasons. The
new heading note that this rule would
add clarifies that in order for a vehicle
to be classified as a nonmilitary mobile
crime scene laboratory under ECCN
9A980, the vehicle must contain one or
more analytical or laboratory items
controlled for Crime Control (CC)
reasons on the CCL, such as items
controlled under ECCNs 3A980 and
3A981. This new heading note does not
change the scope of the ECCN, but
would make the scope of this ECCN and
the relationship to other CC ECCNs on
the CCL clearer.
(E) Addition of ‘‘Related Controls’’ to
aid in classification.
Most ECCNs on the CCL contain a
‘‘related controls’’ paragraph in the List
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of Items Controlled section. The
‘‘related controls’’ paragraph provides
cross references to related ECCNs to
assist the public in classifying items that
are subject to the EAR. In some ECCNs,
the ‘‘related controls’’ paragraph also
includes cross-references to the export
controls other U.S. Government
agencies administer.
This rule proposes adding a number
of additional ‘‘related controls’’
paragraphs or revising existing ‘‘related
controls’’ paragraph to assist the public
in classifying items. In responding to
this proposed rule, the public may also
provide suggestions for additional
‘‘related controls’’ that would assist the
public in classifying items. This rule
proposes revising the ‘‘related controls’’
paragraphs in the following twelve
ECCNs: 1A985, 1B117, 1B118, 1B119,
1B225, 1C117, 1C233, 2B105, 2B116,
3A230, 7A103 and 9B009.
Lastly, this rule would revise the
‘‘related controls’’ paragraphs in ECCN
7A005 and 7A994 and include the
substance of the amended related
control paragraph as a new ‘‘license
requirement note’’ in 7A994. This rule
change would clarify the relationship
between 7A005 and 7A994 and provide
guidance on the appropriate
classification for GPS equipment. The
added text in 7A005 and 7A994 would
alert persons classifying GPS items that
‘‘typically commercially available GPS
do not employ encryption or adaptive
antenna and are classified as 7A994.’’
(F) Addition of the term ‘‘subject to
the ITAR’’ to the EAR.
This rule would add the term ‘‘subject
to the ITAR’’ to § 772.1 (Definitions of
terms as used in the Export
Administration Regulations (EAR)). This
defined term would be added to parallel
the use of the term ‘‘subject to the EAR’’
that is commonly used in the EAR,
along with simplifying many of the
references to the export jurisdiction of
the Department of State that are
included in the EAR. The vast majority
of these references to the export control
jurisdiction of the Department of State
are on the CCL. This rule would also
add the following definition of ‘‘subject
to the ITAR’’ in § 772.1:
A term used in the EAR to describe those
commodities, software, technology (e.g.,
technical data) and defense services over
which the U.S. Department of State,
Directorate of Defense Trade Controls (DDTC)
exercises regulatory jurisdiction under the
International Traffic in Arms Regulations
(ITAR) (see 22 CFR 120–130).
This rule would make conforming
changes to the rest of the EAR,
including several ECCNs and §§ 734.4
(De minimis U.S. content), 734.6
(Assistance available from BIS for
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determining licensing and other
requirements), and 740.6 (Technology
and software under restriction (TSR)),
by adding ‘‘subject to the ITAR’’ where
the export control jurisdiction of the
Department of State is referenced. In
addition to making the conforming
change in § 734.6, this rule would revise
the language that refers to the ITAR to
clarify that in order to determine
whether an item is ‘‘subject to the
ITAR,’’ you should review the ITAR’s
United States Munitions List (see 22
CFR §§ 120.6 and 121.1). The revised
text would also clarify you may also
submit a request to the Department of
State, Directorate of Defense Trade
Controls, for a formal jurisdictional
determination regarding the commodity,
software, technology, or activity at issue
(see 22 CFR § 120.4).
(2) Changes to Conform the CCL to the
Multilateral Export Control Regime
Control Lists and Previous
Amendments to the EAR
This rule also proposes making the
following changes to conform the CCL
to the multilateral export control regime
control lists and to conform the CCL to
the intent of past amendments to the
EAR. These are cases where a previous
amendment to the EAR was intended to
effect a change, but the change was not
implemented as intended or where a
conforming change should have been
made to the CCL, but was inadvertently
not made in a past rulemaking. This rule
proposes to make the following
conforming changes:
(A) Conforming changes for TSR
limitations of Wassenaar Very Sensitive
List Items.
In implementing its commitment to
exercise vigilance for the licensing of
items listed on the Wassenaar Very
Sensitive List, the United States has
limited the use of License Exception
TSR to a list of specifically identified
countries for certain ECCNs. These
limitations are contained in the TSR
paragraph in the License Exception
section of nine ECCNs (i.e., ECCNs
1E001, 5D001, 5E001, 6D001, 6D003,
6E001, 6E002, 8D001 and 8E001) that
contain items on the Wassenaar Very
Sensitive List and for which TSR has
been authorized for some, or all of the
ECCN.
The TSR paragraph limitation was
introduced in 1998, upon
implementation of the Wassenaar
Arrangement (63 FR 2452), with a list of
sixteen destinations eligible for TSR for
Wassenaar Very Sensitive List items.
Approximately one-year later Japan was
added to the TSR paragraph limitation
(64 FR 10852). In 2008, Australia and
Norway were added to the TSR
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paragraph in ECCN 1E001, with the
explanation that their original exclusion
had been an oversight. Australia and
Norway were not added to the other
TSR paragraphs with Wassenaar Very
Sensitive List limitations, creating an
inconsistency.
This rule proposes to adopt a
standardized list of countries under the
EAR for the nine ECCNs. The use of this
standardized list of countries would
simplify the use of the TSR License
Exception for these nine ECCNs and aid
the public’s understanding regarding
what countries are eligible and not
eligible to receive National Security
(NS) controlled technology under these
nine ECCNs. BIS has recently
determined that the thirty six (36)
countries listed in License Exception
Strategic Trade Authorization, Section
740.20(c)(2) of the EAR, are eligible for
License Exception authorization for
Wassenaar Very Sensitive List items.
These 36 countries are: Argentina,
Australia, Austria, Belgium, Bulgaria,
Canada, Croatia, Czech Republic,
Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Iceland,
Ireland, Italy, Japan, Latvia, Lithuania,
Luxembourg, Netherlands, New
Zealand, Norway, Poland, Portugal,
Romania, Slovakia, Slovenia, South
Korea, Spain, Sweden, Switzerland,
Turkey, or the United Kingdom. This
rule proposes to revise the list of
countries in the TSR paragraph for these
nine ECCNs to state ‘‘those 36 countries
listed in § 740.20(c)(1) (License
Exception STA).’’ The 17 countries (19
countries in 1E001) that were previously
identified as being eligible for License
Exception TSR under these ECCNs were
a subset of the 36 STA-eligible
countries. Therefore, this proposed rule
would add the remaining 19 countries,
except for 1E001 where this proposed
rule would add the remaining 17
countries, as eligible countries to
receive this type of technology through
application of License Exception TSR
under these ECCNs.
(B) ECCN changes to conform to the
multilateral export control regimes.
ECCNs 1A101. This rule would
amend 1A101 by replacing the defined
term ‘‘missiles’’ with the phrase
‘‘rockets, missiles, or unmanned aerial
vehicles capable of achieving a ‘‘range’’
equal to or greater than 300 km’’ to
conform to the Missile Technology
Control Regime (MTCR) Annex.
ECCNs 1D103. This rule would
amend 1D103 by replacing the defined
term ‘‘missiles’’ with the phrase
‘‘rockets, missiles, or unmanned aerial
vehicles capable of delivering at least a
500 kg payload to a ‘‘range’’ equal to or
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greater than 300 km’’ to conform to the
MTCR Annex.
ECCN 5D101. This rule would amend
5D101 by removing the term ‘‘items’’
and adding the term ‘‘equipment’’ in its
place. This rule would make this change
to be consistent with the MTCR Annex.
ECCN 6A203. This rule would amend
6A203 by removing ‘‘accessories in $
value’’ from the ‘‘unit’’ paragraph in the
List of Items Controlled section. This
change would be made to conform to
the Nuclear Suppliers Group (NSG)
control list, which does not include
controls on ‘‘accessories’’ under NSG
1.A.2, 5.B.3, and 5.B.4.
ECCN 6D102. This rule would amend
6D102 by removing the term ‘‘goods’’
from the heading and adding the term
‘‘equipment’’ in its place. This rule
would make this change to be consistent
with the MTCR Annex.
ECCN 6D994. This rule would remove
6D994 to conform to a previous
amendment to the EAR that imposed a
control for these same items under
6D003.c. BIS’s intention when 6D994
was added to the CCL was to impose a
control on this software until such time
as a control could be approved at the
Wassenaar Arrangement and
implemented in the EAR. At the time
when the final rule to add this software
to 6D003.c was published, the intention
was to remove 6D994. However, this
entry was inadvertently retained at the
time 6D003.c was added to the CCL,
which may have caused confusion for
exporters trying to classify this type of
software because the software meets the
description of two software ECCNs. To
address this scenario, this rule would
remove 6D994 from the CCL, leaving
6D003.c as the control ECCN.
ECCN 7D101. This rule would amend
7D101 by revising the heading to
include 7A117 in the list of ECCNs for
which 7D101 controls the software.
7A117 is a reference to a USML control
based on the MTCR Annex. 7D101
controls the software of certain
commodities controlled for MT reasons.
This change is made to conform to the
MTCR Annex.
ECCN 7E104. This rule would amend
7E104 by replacing the defined term
‘‘missiles’’ with the phrase ‘‘rockets or
missiles capable of achieving a ‘‘range’’
equal to or greater than 300km’’ to
conform to the MTCR Annex.
ECCN 9A107. This rule would amend
9A107 by revising the heading to
replace the word ‘‘engines’’ with the
word ‘‘motors.’’ This change is made to
conform to the MTCR Annex.
ECCN 9A110. This rule would amend
9A110 by revising the heading to
include 9A109 in the list of ECCNs for
which 9A110 controls the composite
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structures, laminates and manufactures
thereof. 9A109 is a reference to a USML
control based on the MTCR Annex.
9A110 controls the software of certain
commodities controlled for MT reasons.
This rule would further amend 9A110
by replacing the defined term ‘‘missiles’’
with the phrase ‘‘rockets, missiles, or
unmanned aerial vehicles capable of
achieving a ‘‘range’’ equal to or greater
than 300 km.’’ These changes are made
to conform to the MTCR Annex.
ECCN 9A118. This rule would amend
9A118 by inserting the phrase ‘‘missiles,
and unmanned aerial vehicles capable
of achieving a ‘‘range’’ equal with a
range capability of 300 Km or greater’’
into the heading to conform to the
MTCR Annex.
ECCN 9B115. This rule would amend
9B115 by revising the heading to
include 9A103 in the list of ECCNs for
which 9B115 controls the ‘‘production
equipment.’’ 9A103 is a reference to a
USML control based on the MTCR
Annex. 9B115 controls the ‘‘production
equipment’’ of certain commodities
controlled for MT reasons. This change
is made to conform to the MTCR Annex.
ECCN 9B116. This rule would amend
9B116 by revising the heading to
include 9A103 in the list of ECCNs for
which 9B116 controls the ‘‘production
equipment.’’ 9A103 is a reference to a
USML control based on the MTCR
Annex. 9B116 controls the ‘‘production
equipment’’ of certain commodities
controlled for MT reasons. This change
is made to conform to the MTCR Annex.
ECCN 9D103. This rule would amend
9D103 by revising the heading to
include ECCNs 9A009, 9A107 and
9A109, and to expand the reference to
9A105 from 9A105.a to the entire ECCN
in the list of ECCNs for which 9D103
controls certain ‘‘software.’’ ECCNs
9A009, 9A105, 9A107 and 9A109 are
references to USML controls based on
the MTCR Annex. 9D103 is a reference
to USML control based on the MTCR
Annex. This change is made to conform
to the MTCR Annex.
ECCN 9D104. This rule would amend
9D104 by revising the heading to
include all of ECCNs 9A006, 9A007,
9A008, 9A009, 9A010, 9A115 and
9A116 and 9A106.e in the list of ECCNs
for which 9D104 controls the
‘‘software.’’ 9A006, 9A007, 9A008,
9A009, 9A010, 9A115 and 9A116 are
references to USML controls based on
the MTCR Annex. 9A106.e is controlled
on the CCL for MT reasons. 9D104
controls the ‘‘software’’ of certain
commodities controlled for MT reasons.
This change is made to conform to the
MTCR Annex.
ECCN 9D105. This rule would amend
9D105 by replacing the defined term
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‘‘missiles’’ with the phrase ‘‘rockets,
missiles, or unmanned aerial vehicles
capable of achieving a ‘‘range’’ equal to
or greater than 300 km’’ to conform to
the MTCR Annex.
(3) Structural Changes To Improve the
Clarity of the CCL
ECCNs on the CCL follow the same
basic paragraph structure, although not
all ECCNs contain the same paragraphs.
The common paragraph structure is
intended to allow the public to quickly
review ECCNs and to identify relevant
paragraphs in each ECCN. This rule
proposes changes to the standard
section headings that are used in most
ECCNs on the CCL. These proposed
changes would affect most of the ECCNs
on the CCL, but would be implemented
through instructions instead of setting
out each proposed revision in the
regulatory text. BIS is proposing the
changes in the format to save on the cost
of implementing these structural
changes. BIS’s decision also took into
account that the proposed changes are
not ECCN specific and are more focused
on how the ECCN information is being
communicated to the public. Each of the
proposed structural changes this rule
would implement improves the clarity
of the CCL and is further described
below.
(A) Revision of License Exceptions
section heading.
This rule would revise the License
Exceptions section heading to add
greater specificity. This rule would
revise the section heading by changing
it from ‘‘License Exceptions’’ to the
more specific section heading of ‘‘ListBased License Exceptions (See Part 740
for a complete listing of license
exceptions and requirements).’’ This
rule would also add a parenthetical after
the revised section heading to provide a
cross reference to the license exceptions
part of the EAR. This rule would add
this cross reference because a definitive
determination regarding whether a
license exception may be used for a
specific ECCN can only be made after
also reviewing the applicable license
exceptions provisions in part 740 of the
EAR.
(B) Removal of the License Exception
STA paragraphs.
In order to implement the changes
described above under (A) Revision of
License Exceptions section heading, this
rule also proposes removing the License
Exception STA paragraph in the License
Exceptions section of the following
forty-nine ECCNs: 1A002, 1C001,
1C007, 1C010, 1C012, 1D002, 1E001,
1E002, 2D001, 2E001, 2E002, 3A002,
3B001, 3D001, 3E001, 4A001, 4D001,
4E001, 5A001, 5B001, 5D001, 5E001,
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6A001, 6A002, 6A003, 6A004, 6A006,
6A008, 6B008, 6D001, 6D003, 6E001,
6E002, 7D003, 7E001, 7E002, 8A001,
8A002, 8D001, 8D002, 8E001, 8E002,
9B001, 9D001, 9D002, 9D004, 9E001,
9E002 and 9E003. This rule would move
the text of those License Exception STA
paragraphs to a new section titled
‘‘Special Conditions for STA.’’ This rule
proposes creating this new section
immediately following the proposed
‘‘List-Based License Exceptions (See
Part 740 for a complete listing of license
exceptions and requirements)’’
instruction, because the License
Exception STA paragraphs do not
perform the same function as the other
list-based license exception paragraphs.
This rule does not propose any changes
to the regulatory text included in the
current License Exception STA
paragraphs of these ECCNs. The changes
proposed in this rule are limited to
proposing a new section heading and
then moving the existing License
Exception STA paragraphs in these
forty-nine ECCNs to the new STA
section heading.
(C) Adding a cross-reference after
Country Chart.
This rule proposes revising the
‘‘Country Chart’’ paragraph heading in
the License Requirements section to add
a parenthetical to indicate where the
public can find the Country Chart. The
revised Country Chart paragraph
heading would now read ‘‘Country
Chart (See Supp. No. 1 to part 738).’’
Not all ECCNs include a Country Chart
paragraph and a small number of ECCNs
do not rely on the Commerce Country
Chart for determining destination-based
license requirements. Most ECCNs,
however, are structured to refer to the
information contained in the Country
Chart paragraph in Supplement No. 1 to
part 738 to identify destination-based
license requirements. The changes in
this rule would clarify that for the
ECCNs that use this structure, exporters,
reexporters and transferors need to refer
to the Country Chart in Supplement No.
1 to part 738 to determine destinationbased license requirements. For
experienced exporters, reexporters, and
transferors, this structure is well
understood. The new cross references
would be primarily intended for those
exporters, reexporters, and transferors
who are new to the EAR and who may
not as readily understand the
relationship between this standard
ECCN paragraph and Supplement No. 1
to part 738. The new parenthetical
phrase at the end of the Country Chart
paragraph would make the relationship
explicit.
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(D) Adding a new ‘‘Reporting
Requirements’’ section to certain
ECCNs.
Some ECCNs include references to
reporting requirements. They are
typically found either in License
Requirement notes or in notes to the
‘‘items’’ paragraphs in the List of Items
Controlled section. BIS has adopted a
standardized paragraph structure for
ECCNs, as much as possible, to assist
the public in classifying items. A
standardized paragraph structure helps
the public classify items by putting the
information contained in an ECCN into
a useable and easily recognizable
format. The current reporting
requirements, which are found in
various sections and paragraphs of the
ECCN, deviate from this type of
standardized structure. This rule
proposes to add a new section heading
called Reporting Requirements where
the existing reporting requirements
found in ECCNs would be consolidated
to address this issue. This rule does not
propose any changes to the scope of
current reporting requirements. This
proposed standardized structure would
aid in compliance with the reporting
requirements and assist exporters in
more quickly and easily identifying
ECCNs subject to reporting
requirements. The rule proposes adding
the new Reporting Requirements section
heading immediately before the License
Exceptions section, which, as proposed
above, would now be revised to read
‘‘List-Based License Exceptions (See
Part 740 for a complete listing of license
exceptions and requirements).’’
To implement this change in
Supplement No. 1 to part 774 (the
Commerce Control List), this rule would
remove the ‘‘License Requirements
Notes’’ paragraphs in the License
Requirements section in the following
thirty-nine Export Control Classification
Numbers (ECCNs): 1A002, 1C007,
1C010, 1D002, 1E001, 1E002, 2D001,
2E001, 2E002, 3A002, 3D001, 3E001,
4A001, 4E001, 5A001, 5B001, 5D001,
5E001, 6A001, 6A002, 6A004, 6A006,
6A008, 6D001, 6D003, 6E001, 6E002,
8A001, 8A002, 8D001, 8D002, 8E001,
8E002, 9B001, 9D001, 9D002, 9E001,
9E002 and 9E003. In these thirty-nine
ECCNs, this rule would add the new
section entitled ‘‘REPORTING
REQUIREMENTS See § 743.1 of the EAR
for reporting requirements for exports
under License Exceptions, Special
Comprehensive Licenses, and Validated
End-User authorizations’’ after the
License Requirements section in each of
these respective ECCNs. This proposed
rule would also make changes to the
new Reporting Requirements section to
ensure the text conforms to the listing
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of authorizations in § 743.1 that require
reporting to BIS.
(4) Removal of Fourteen ECCNs Subject
to the Exclusive Jurisdiction of the
Nuclear Regulatory Commission
(A) Removal of fourteen ECCNs.
The CCL includes forty-nine ECCNs
that refer to items that are subject to the
exclusive jurisdiction of the Department
of Energy, the Nuclear Regulatory
Commission, or the Department of State.
They constitute approximately 10% of
the total number of ECCNs on the CCL.
Of the forty-nine ECCNs, fourteen
ECCNs are subject to the export
licensing authority of the Nuclear
Regulatory Commission at 10 CFR part
110. This rule proposes removing these
fourteen ECCNs from the CCL. The
fourteen ECCNs are 0A001, 0B001,
0B002, 0B003, 0B004, 0B005, 0B006,
0C001, 0C002, 0C004, 0C005, 0C006,
0C201 and 1C012. The ECCNs that BIS
proposes to remove are Nuclear Trigger
List items, so the jurisdiction of these
items is already established under U.S.
export controls and, as explained below,
there is no need to include this
additional cross reference from the CCL
to the controls maintained by the
Nuclear Regulatory Commission.
BIS’s original purpose for including
these ECCNs on the CCL was to
supplement § 734.3 (Items subject to the
EAR) under paragraph (b)(1), which
describes items that are not subject to
the EAR because they are subject to the
exclusive jurisdiction of another agency
of the U.S. Government, and to
supplement the jurisdiction information
for the other U.S. Government agencies
found in Supplement No. 3 to part 730
(Other U.S. Government Departments
and Agencies with Export Control
Responsibilities). BIS also included
these ECCNs to better align the CCL
with the European Union’s control lists
that are primarily based on the
multilateral export control regimes.
However, by including references to
other agencies’ controls in specific
ECCNs there is the potential that such
ECCN references will become out of
date if the other agencies update their
respective regulations and the
corresponding changes are not made in
the EAR cross reference in a timely
manner.
For example, on September 7, 2011
(76 FR 55278), the National Nuclear
Security Administration, Department of
Energy (DOE) published a notice of
proposed rulemaking that proposed
various amendments to regulations
concerning unclassified assistance to
foreign atomic energy activities. These
proposed revisions were intended to
reduce uncertainties for industry users
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concerning which foreign nuclear
related activities by U.S. persons are
‘‘generally authorized’’ under the
regulation and which activities require
a ‘‘specific authorization’’ from the
Secretary of Energy. However, if the
ECCNs on the CCL that currently refer
to DOE and NRC controls are not
updated, the uncertainties for exporters,
reexporters and transferors would
increase because of inconsistencies in
the different regulations. Given that the
DOE and NRC respective regulations are
controlling in this area and these ECCNs
are only acting as a cross reference, BIS
is proposing the removal of these
ECCNs.
BIS has determined there still is
utility in including general cross
references to other agencies’ controls.
Thus, this rule proposes to include a
general cross reference at the beginning
of the CCL in a revised § 774.1
(Introduction) that would contain those
ECCNs that have been reserved and are
subject to the exclusive jurisdiction of
another agency of the U.S. Government.
In addition, the related control
paragraphs of ECCNs would contain
cross references to controls of other
agencies to the extent that such controls
are similar to or related to the controls
of certain ECCNs.
The remaining thirty-five of the fortynine ECCNs refer to items that are
‘‘subject to the ITAR,’’ which is
maintained by the Department of State.
Given the ongoing review of the United
States Munitions List (USML) that is
being conducted under the ECR
Initiative, it is premature to propose
removing or revising these thirty-five
ECCNs. In addition, given the number of
cross references, in particular in
Categories 7 and 9 of the CCL, to these
thirty-five ECCNs, BIS determined that
removing the ECCNs that are ‘‘subject to
the ITAR’’ should be addressed at a later
time once the review of the USML is
completed.
(B) Changes to the CCL to conform to
the removal of these fourteen ECCNs. In
addition to removing the fourteen
ECCNs, this rule would also make
conforming changes to eleven ECCNs
that would be retained on the CCL. The
ECCNs that would be revised by this
rule contain references to one or more
of the fourteen ECCNs that would be
removed.
The removal of the fourteen ECCNs
should not impact the existing controls
for items subject to the EAR. However,
given the interrelationship between the
fourteen ECCNs removed and the eleven
ECCNs where conforming changes
would be required, BIS is particularly
interested in any comments regarding
whether the proposed changes
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accurately capture the intent of the
previous references (i.e., the references
to the fourteen ECCNs that would be
removed in the eleven ECCNs that are
retained on the CCL).
The rule would make conforming
changes to the following eleven ECCNs:
1A290, 1C107, 1C240, 1C298, 3A225,
3A226, 3A227, 3A233, 3A999, 6A005
and 6A205. This rule’s proposed
revisions consist of the following:
ECCNs 3A225, 3A226, 3A227, 3A233,
6A005 and 6A205. This rule would
revise six ECCN headings (3A225,
3A226, 3A227, 3A233, 6A005 and
6A205). This rule would take this
approach to minimize the number of
changes that would need to be made,
while still ensuring the headings would
reflect the intended scope of these six
ECCNs.
On the CCL, these six ECCN headings
include references to some of the
fourteen ECCNs that would be removed
as a shorthand way of communicating
the scope of items controlled. Therefore,
the removal of these fourteen ECCNs
would require that a broader description
be added to the headings of the ECCNs
that would be retained. If only one of
the fourteen ECCNs that would be
removed is referenced, then BIS believes
that in most cases it is easy to
incorporate the text of the removed
ECCN into the heading of the ECCN that
would be retained. However, there are
certain ECCNs that contain multiple
references to the ECCNs that would be
removed. In the cases where multiple
ECCNs are referenced, an effort to insert
all the text into the headings as a
conforming change would not be
feasible. To address this issue, this rule
would add heading notes, which would
provide more space to describe the
substance of the ECCNs that would be
removed from the respective headings.
The end of the revised headings would
include a reference to the heading notes
to alert persons classifying their items to
review the heading notes as they
determine whether their item in
question was classified under the
removed ECCN.
ECCNs 1A290, 1C107 and 1E001. This
rule would revise three ‘‘related
controls’’ paragraphs in ECCNs 1A290,
1C107 and 1E001. These changes would
revise references to one or more of the
fourteen removed ECCNs in each of the
three remaining ECCNs and replace
them with more descriptive
explanations in the related controls.
These changes would reduce the need
for cross-referencing in the CCL to the
fourteen removed ECCNs. Another
alternative would be to take the
opposite approach and instead simply
use very broad descriptors for the types
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of items that are subject to the exclusive
jurisdiction of another export control
agency of the U.S. Government. BIS
would welcome comments from the
public regarding whether this
alternative approach of simply using
broad descriptors or some other
approach not yet considered by BIS
would be better than what is proposed.
ECCN 1E001. This rule would also
revise 1E001 by removing the reference
to 1C012 in the License Exception STA
paragraph in the License Exceptions
section. This ECCN is subject to the
exclusive jurisdiction of another agency.
Thus, License Exception STA could
never be used as the authority to export
an item described in 1C012.
ECCN 1C298. This rule would revise
one CCL note in ECCN 1C298 to remove
references to one or more of the fourteen
ECCNs that would be removed by this
rule.
(C) Adding a general cross reference
to the fourteen ECCNs that would be
removed.
In § 774.1 (Introduction), this rule
would redesignate the introductory text
of the section as paragraph (a) with the
heading ‘‘Scope of the control list,’’ and
would add a paragraph (b) with the
heading ‘‘ECCN cross-references for
items subject to the exclusive
jurisdiction of another agency.’’ The
introductory text of paragraph (b) would
indicate that prior to the date of
publication in the Federal Register of
the final rule that would remove these
fourteen ECCNs, the CCL contained
fourteen ECCNs that were included as
cross references on the CCL to the
export control regulations administered
by the Nuclear Regulatory Commission.
Paragraph (b) would identify ECCNs
formerly listed on the CCL that were
subject to the jurisdiction of the Nuclear
Regulatory Commission at 10 CFR part
110. This rule would add a note to
paragraph (b) to indicate that ECCNs
0D001 and 0E001 (ECCNs that are
proposed to be retained on the CCL)
were subject to the jurisdiction of the
Nuclear Regulatory Commission at 10
CFR part 110 or jurisdiction of the
Department of the Energy at 10 CFR part
810, but also have certain portions that,
as of the date of publication of this rule,
were ‘‘subject to the ITAR.’’ These
ECCNs would be retained on the CCL as
a cross reference.
Although the Export Administration
Act expired on August 20, 2001, the
President, through Executive Order
13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as extended by the
Notice of August 15, 2012, 77 FR 49699
(August 16, 2012), has continued the
Export Administration Regulations in
effect under the International
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Emergency Economic Powers Act. BIS
continues to carry out the provisions of
the Export Administration Act, as
appropriate and to the extent permitted
by law, pursuant to Executive Order
13222.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has been
designated a ‘‘significant regulatory
action,’’ although not economically
significant, under section 3(f) of
Executive Order 12866. Accordingly,
the rule has been reviewed by the Office
of Management and Budget (OMB).
2. Notwithstanding any other
provision of law, no person is required
to respond to nor be subject to a penalty
for failure to comply with a collection
of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This regulation
involves collections previously
approved by OMB under control
numbers 0694–0088, ‘‘Multi-Purpose
Application,’’ which carries a burden
hour estimate of 43.8 minutes for a
manual or electronic submission. Total
burden hours associated with the PRA
and OMB control number 0694–0088
are expected to decrease slightly as a
result of this rule because of the
proposed removal of ECCN 8A918. You
may send comments regarding the
collection of information associated
with this rule, including suggestions for
reducing the burden, to Jasmeet K.
Seehra, Office of Management and
Budget (OMB), by email to
Jasmeet_K._Seehra@omb.eop.gov, or by
fax to (202) 395–7285.
3. This rule does not contain policies
with Federalism implications as that
term is defined under E.O. 13132.
4. The Regulatory Flexibility Act
(RFA), as amended by the Small
Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., generally requires an agency
to prepare a regulatory flexibility
analysis for any rule subject to the
notice and comment rulemaking
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requirements under the Administrative
Procedure Act (5 U.S.C. 553) or any
other statute, unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Under section
605(b) of the RFA, however, if the head
of an agency certifies that a rule will not
have a significant economic impact on
a substantial number of small entities,
the statute does not require the agency
to prepare a regulatory flexibility
analysis. Pursuant to section 605(b), the
Chief Counsel for Regulation,
Department of Commerce, submitted a
memorandum to the Chief Counsel for
Advocacy, Small Business
Administration, certifying that this
proposed rule will not have a significant
economic impact on a substantial
number of small entities.
Number of Small Entities
The Bureau of Industry and Security
(BIS) does not collect data on the size
of entities that apply for and are issued
export licenses. Although BIS is unable
to estimate the exact number of small
entities that would be impacted by this
rule, it does acknowledge that this rule
will impact some unknown number.
Economic Impact
This proposed rule is part of the
Administration’s Export Control Reform
(ECR) Initiative. As part of the ECR
Initiative, BIS published an advance
notice of proposed rulemaking on
December 9, 2010 seeking, among other
things, public comments on how
descriptions of items controlled on the
CCL could be made clearer. The
December 9, 2010 notice solicited
public suggestions on ways to improve
the descriptions of items on the CCL to
better reflect internationally accepted
standards and use industry standard
terms and references. Where objective
criteria are missing from ECCNs, BIS
sought specific suggestions on what
technical parameters, characteristics,
thresholds, and capabilities should be
used to describe the item. BIS requested
that all suggestions in this area should
include proposed revisions to the text of
ECCNs or proposed Technical Notes to
ECCNs that explain terms or phrases
used in the ECCN.
Fifty public comments were received
totaling over 1400 pages in suggestions
for how the CCL could be improved.
The vast majority of suggested changes
that can be implemented unilaterally by
the U.S. Government involve
improvements to the clarity of the CCL.
These changes are included in this
proposed rule. BIS also solicited in the
December 9, 2010 notice comments on
how the CCL could be made more
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‘‘positive,’’ but given the CCL is already
primarily a ‘‘positive’’ control list, most
of the comments in this area focused on
ways to improve the overall use of the
CCL and public understanding of the
CCL.
This rule focuses on implementing a
large number of changes that would
make the CCL clearer. The significance
of any particular change, when taken by
itself, may not appear to make a
dramatic improvement to the clarity of
the CCL, but the cumulative impact of
these various proposed changes would
make a significant improvement to the
CCL. BIS believes this improved clarity
would also make the control list easier
to use, in particular for those reviewing
the CCL for the first time.
Improving the clarity of the CCL as
described in this rule would reduce the
burden on small entities (and other
entities as well) by increasing the
public’s confidence in self-classifying
items on the CCL thereby reducing the
amount of time it takes for the public to
classify items using the CCL. The CCL,
as noted in the December 9, 2010 notice,
should be written in a clear way that
allows someone who knows the
technical parameters and capabilities of
an item to review the CCL, even if it is
their first time reviewing the CCL, and
consistently and easily come to the right
classification determination.
Defining and using terms consistently,
clarifying control parameters to better
reflect the intent of the controls,
removing references on the CCL that do
not serve a clear purpose, and ensuring
that the controls are consistent with
U.S. Government commitments to the
multilateral export control regimes,
would make the CCL clearer and
improve the ease of use of the CCL. This
would reduce the burden on small
entities (and all other entities as well).
Ambiguity on the CCL creates a burden
for small entities (and all other entities
as well), so changes that make the CCL
clearer would result in less burden on
these entities.
One of the comments submitted in
response to the December 9, 2010 notice
indicated that the overall consistency of
how the CCL is structured was an area
where the CCL could be improved. The
current CCL does have many common
structural elements, such as the ECCNs,
Product Groups (A–E) and Categories
(0–9) following the same basic structure,
but in reviewing this comment and
other public comments, BIS determined
that additional changes could be made
to create greater consistency in how the
ECCN information was being
communicated to the public, such as
creating a new ‘‘Reporting
Requirements’’ paragraph to make it
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easier for exporters classifying items to
quickly determine whether a particular
item was subject to reporting
requirements. Other structural changes,
such as the proposed changes to the
License Exceptions section of the
ECCNs would assist the public in more
easily understanding the relationship
between the License Exceptions section
in ECCNs and part 740. These structural
changes will reduce the burden for
small entities (and all other entities as
well) by making the CCL easier to use
and more clearly communicating the
relationship between the CCL and other
key provisions of the EAR, such as parts
738 and 740.
In practice, the greatest impact of this
rule on small entities would likely be
reduced administrative costs and
reduced delay for exports of items.
Without this rule, a company or person
may have submitted a classification to
BIS because the CCL was not clear from
their perspective regarding the scope of
items controlled. BIS supports and
encourages the public to submit
classification requests when a person is
unsure of an item’s classification, but
the CCL should be written in a clear
fashion whereby a person who
understands the technical parameters
and capabilities of their item does not
feel a need to submit a classification
request in order to classify an item
subject to the EAR. In addition, for
small entities (and all other entities), if
the CCL is clear and easy to use, a
company or person may find it easier
and less expensive to train others to use
the CCL. If there is perceived ambiguity
on the CCL that requires some degree of
interpretation to understand what is
controlled, such ambiguity makes it
more difficult to train an entity’s
personnel to use the CCL. This is not the
type of control list BIS seeks. Creating
control lists that clearly communicate
the scope of items controlled on the CCL
and the USML are one of the objectives
of the ongoing ECR Initiative, as was
referenced in the December 9, 2010
notice. This proposed rule is not meant
to create any substantive changes.
Therefore, this proposed rule would not
cause any economic impact and would
result in no additional compliance
costs.
Conclusion
BIS is unable to determine the precise
number of small entities that would be
affected by this rule. Based on the facts
and conclusions set forth above, BIS
believes that any burdens imposed by
this rule would be offset by the
improvements made to the clarity of the
CCL and the reduction in time and cost
required for small entities to classify
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their items using the CCL, along with
understanding how the CCL relates to
other provisions of the EAR.
For these reasons, the Chief Counsel
for Regulation of the Department of
Commerce certified to the Chief Counsel
for Advocacy of the Small Business
Administration that this rule, if adopted
in final form, would not have a
significant economic impact on a
substantial number of small entities.
List of Subjects
15 CFR Part 734
Administrative practice and
procedure, Exports, Inventions and
patents, Research Science and
technology.
15 CFR Part 740
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 772
Exports.
15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
Accordingly, parts 734, 740, 772, and
774 of the Export Administration
Regulations (15 CFR parts 730–774) are
proposed to be amended as follows:
PART 734—[AMENDED]
1. The authority citation for 15 CFR
part 734 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099,
3 CFR, 1994 Comp., p. 950; E.O. 13020, 61
FR 54079, 3 CFR, 1996 Comp., p. 219; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of November 9, 2011,
76 FR 70319 (November 10, 2011) Notice of
August 15, 2012, 77 FR 49699 (August 16,
2012).
2. Section 734.4 is amended by
revising the Note to paragraph (a)(3) to
read as follows:
§ 734.4
*
De minimis U.S. content.
*
*
*
*
Note to Paragraph (a)(3): QRS11
Micromachined Angular Rate Sensors are
‘‘subject to the ITAR,’’ (see 22 CFR parts 120
through 130) except when the QRS11–
00100–100/101 version of the sensor is
integrated into and included as an integral
part of a commercial primary or standby
instrument system of the type described in
ECCN 7A994, or aircraft of the type described
in ECCN 9A991 that incorporates a
commercial primary or standby instrument
that has such a sensor integrated, or is
exported solely for integration into such
systems; or when the QRS11–00050–443/569
is integrated into a commercial automatic
flight control system of the type described in
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ECCN 7A994, or aircraft of the type described
in ECCN 9A991 that incorporates an
automatic flight control system that has such
a sensor integrated, or is exported solely for
integration into such a system.
*
*
*
*
*
3. Section 734.6 is amended by
revising paragraph (a) to read as follows:
§ 734.6 Assistance available from BIS for
determining licensing and other
requirements.
(a) If you are not sure whether a
commodity, software, technology, or
activity ‘‘subject to the EAR’’ is subject
to licensing or other requirements under
the EAR, you may ask BIS for an
advisory opinion or a commodity
classification determination. In order to
determine whether an item is ‘‘subject
to the ITAR,’’ you should review the
ITAR’s United States Munitions List
(see 22 CFR 120.6 and 121.1). You may
also submit a request to the Department
of State, Directorate of Defense Trade
Controls, for a formal jurisdictional
determination regarding the commodity,
software, technology, or activity at issue
(see 22 CFR 120.4).
*
*
*
*
*
PART 740—[AMENDED]
4. The authority citation for 15 CFR
part 740 continues to read as follows:
5. Section 740.6 is amended by
revising paragraph (a)(1)(iii) to read as
follows:
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§ 740.6 Technology and software under
restriction (TSR).
(a) * * *
(1) * * *
(iii) If the direct product of the
technology is a complete plant or any
major components of a plant, export to
Country Groups D:1 or E:1 the direct
product of the plant or major
components thereof, if such foreign
produced direct product is subject to
national security controls as identified
on the CCL or is ‘‘subject to the ITAR’’
(see 22 CFR parts 120 through 130).
*
*
*
*
*
PART 772—[AMENDED]
6. The authority citation for 15 CFR
part 772 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
15, 2012, 77 FR 49699 (August 16, 2012).
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§ 772.1 Definitions of terms as used in the
Export Administration Regulations (EAR).
*
*
*
*
*
Subject to the ITAR. A term used in
the EAR to describe those commodities,
software, technology (e.g., technical
data) and defense services over which
the U.S. Department of State, Directorate
of Defense Trade Controls (DDTC)
exercises regulatory jurisdiction under
the International Traffic in Arms
Regulations (ITAR) (see 22 CFR parts
120 through 130).
*
*
*
*
*
PART 774—[AMENDED]
8. The authority citation for 15 CFR
part 774 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);
42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 15, 2012, 77
FR 49699 (August 16, 2012).
9. Revise § 774.1 to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 15, 2012, 77
FR 49699 (August 16, 2012).
VerDate Mar<15>2010
7. Section 772.1 is amended by
adding a definition for the term ‘‘subject
to the ITAR’’ to read as follows:
§ 774.1
Introduction.
(a) Scope of the control list. In this
part, references to the EAR are
references to 15 CFR chapter VII,
subchapter C. The Bureau of Industry
and Security (BIS) maintains the
Commerce Control List (CCL) that
includes ‘‘items’’—i.e., ‘‘commodities,’’
‘‘software,’’ and ‘‘technology’’—subject
to the authority of BIS. The CCL does
not include items exclusively controlled
for export by another department or
agency of the U.S. Government. In
instances where other agencies
administer controls over related items,
entries in the CCL will often contain a
reference to these controls. In addition,
those items ‘‘subject to the EAR’’ but not
identified on the CCL are identified by
the designator ‘‘EAR99.’’ See § 734.2(a)
of the EAR for items that are ‘‘subject to
the EAR.’’ EAR Part 738 contains an
explanation of the organization of the
CCL and its relationship to the Country
Chart.
(b) ECCN cross-references for items
subject to exclusive jurisdiction of
another agency. Prior to November 29,
2012, the CCL contained certain ECCNs
that were only included as cross
references to items subject to the export
control regulations administered by the
Nuclear Regulatory Commission.
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ECCNs formerly listed on the CCL
that, as of November 29, 2012 were
subject to the export licensing authority
of the Nuclear Regulatory Commission
at 10 CFR part 110 are: 0A001, 0B001,
0B002, 0B003, 0B004, 0B005, 0B006,
0C001, 0C002, 0C004, 0C005, 0C006,
0C201 and 1C012.
Note to paragraph (b): As of November
29, 2012 ECCN 0D001 is subject to the
export licensing authority of the Nuclear
Regulatory Commission (see 10 CFR
part 110), and ECCN 0E001 is subject to
the export licensing authority of the
Department of Energy (see 10 CFR part
810), but certain portions of these
entries are also ‘‘subject to the ITAR’’
(see 22 CFR parts 120 through 130).
These ECCNs are retained on the CCL as
a cross reference.
(c) Where to find the CCL? The CCL
is contained in Supplement No. 1 to this
part, and Supplement No. 2 to this part
contains the General Technology and
Software Notes relevant to entries
contained in the CCL.
Supplement No. 1 to Part 774—
[Amended]
10. Supplement No. 1 to part 774 (the
Commerce Control List) is amended by
removing the following Export Control
Classification Numbers (ECCNs): 0A001,
0B001, 0B002, 0B003, 0B004, 0B005,
0B006, 0C001, 0C002, 0C004, 0C005,
0C006, 0C201and 1C012.
11. Supplement No. 1 to part 774 (the
Commerce Control List) is amended:
a. By removing the License Exception
STA paragraph under the License
Exceptions section of the following
Export Control Classification Numbers
(ECCNs): 1A002, 1C001, 1C007, 1C010,
1C012, 1D002, 1E001, 1E002, 2D001,
2E001, 2E002, 3A002, 3B001, 3D001,
3E001, 4A001, 4D001, 4E001, 5A001,
5B001, 5D001, 5E001, 6A001, 6A002,
6A003, 6A004, 6A006, 6A008, 6B008,
6D001, 6D003, 6E001, 6E002, 7D003,
7E001, 7E002, 8A001, 8A002, 8D001,
8D002, 8E001, 8E002, 9B001, 9D001,
9D002, 9D004, 9E001, 9E002, and
9E003;
b. By adding the new section heading
‘‘Special Conditions for STA’’ after the
License Exceptions sections in the
ECCNs identified under instruction
18.a; and
c. By adding the License Exception
STA paragraphs removed from
instruction 18.a to the new section
heading ‘‘Special Conditions for STA’’
added under instruction 18.b.
12. Supplement No. 1 to part 774 (the
Commerce Control List) is amended by
removing the section headings ‘‘License
Exceptions’’ from Export Control
Classification Numbers (ECCNs) and
replacing those headings with ‘‘List
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Based License Exceptions (See Part 740
for a complete listing of license
exceptions and requirements).’’
13. Supplement No. 1 to part 774 (the
Commerce Control List) is amended by
removing the ‘‘Country Chart’’
paragraph heading in the License
Requirements section in Export Control
Classification Numbers (ECCNs) and
adding in its place the heading
‘‘Country Chart (See Supp. No. 1 to part
738).’’
14. Supplement No. 1 to part 774 (the
Commerce Control List) is amended:
a. By removing the ‘‘License
Requirements Notes’’ paragraphs in the
License Requirements section in the
following Export Control Classification
Numbers (ECCNs): 1A002, 1C007,
1C010, 1D002, 1E001, 1E002, 2D001,
2E001, 2E002, 3A002, 3B001, 3D001,
3E001, 4A001, 4E001, 5A001, 5B001,
5D001, 5E001, 6A001, 6A002, 6A004,
6A006, 6A008, 6D001, 6D003, 6E001,
6E002, 8A001, 8A002, 8D001, 8D002,
8E001, 8E002, 9B001, 9D001, 9D002,
9E001, 9E002 and 9E003; and
b. By adding the new section
‘‘REPORTING REQUIREMENTS See
§ 743.1 of the EAR for reporting
requirements for exports under License
Exceptions, Special Comprehensive
Licenses, and Validated End-User
authorizations’’ after the License
Requirements section in the following
Export Control Classification Numbers
(ECCNs): 1A002, 1C007, 1C010, 1D002,
1E001, 1E002, 2D001, 2E001, 2E002,
3A002, 3D001, 3E001, 4A001, 4E001,
5A001, 5B001, 5D001, 5E001, 6A001,
6A002, 6A004, 6A006, 6A008, 6D001,
6D003, 6E001, 6E002, 8A001, 8A002,
8D001, 8D002, 8E001, 8E002, 9B001,
9D001, 9D002, 9E001, 9E002 and 9E003.
15. In Supplement No. 1 to part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities &
Equipment (and Miscellaneous Items),
Export Control Classification Number
(ECCN) 0A002 is amended by revising
the heading to read as follows:
0A002 Power generating or propulsion
equipment specially designed for use
with space, marine or mobile ‘‘nuclear
reactors’’. (These items are ‘‘subject to
the ITAR.’’ See 22 CFR parts 120
through 130.)
*
*
*
*
*
16. In Supplement No. 1 to part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities &
Equipment (and Miscellaneous Items),
Export Control Classification Number
(ECCN) 0A979 is amended by revising
the heading to read as follows:
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0A979 Police helmets and shields; and
‘‘specially designed’’ ‘‘components,’’
n.e.s.
*
*
*
*
17. In Supplement No. 1 to part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities &
Equipment (and Miscellaneous Items),
Export Control Classification Number
(ECCN) 0A981 is amended by revising
the heading to read as follows:
License Requirements
Reason for Control: * * *
*
0A981 Equipment designed for the
execution of human beings as follows
(see List of Items Controlled).
*
*
*
*
*
18. In Supplement No. 1 to part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities &
Equipment (and Miscellaneous Items),
Export Control Classification Number
(ECCN) 0A982 is amended by revising
the heading to read as follows:
0A982 Law enforcement restraint devices,
including leg irons, shackles, and
handcuffs; straight jackets; stun cuffs;
shock belts; shock sleeves; multipoint
restraint devices such as restraint
chairs; and ‘‘specially designed’’
‘‘parts,’’ ‘‘components’’ and accessories,
n.e.s.
*
*
*
*
*
19. In Supplement No. 1 to part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities &
Equipment (and Miscellaneous Items),
Export Control Classification Number
(ECCN) 0A983 is amended by revising
the heading to read as follows:
0A983 Specially designed implements of
torture, including thumbscrews,
thumbcuffs, fingercuffs, spiked batons,
and ‘‘specially designed’’ ‘‘parts,’’
‘‘components’’ and accessories, n.e.s.
*
*
*
*
*
20. In Supplement No. 1 to part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities &
Equipment (and Miscellaneous Items),
Export Control Classification Number
(ECCN) 0A984 is amended:
a. By revising the first ‘‘CC’’ paragraph
in the License Requirements section;
and
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
0A984 Shotguns with barrel length 18
inches (45.72 cm) or over; receivers;
barrels of 18 inches (45.72 cm) or longer
but not longer than 24 inches (60.96 cm);
complete trigger mechanisms;
magazines and magazine extension
tubes; complete breech mechanisms;
buckshot shotgun shells; except
equipment used exclusively to treat or
tranquilize animals, and except arms
designed solely for signal, flare, or
saluting use.
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Control(s)
Country chart
*
*
*
*
CC applies to shotCC Column 1
guns with a barrel
length greater than
or equal to 18 in.
(45.72 cm), but
less than 24 in.
(60.96 cm), shotgun ‘‘components’’
controlled by this
entry, and buckshot
shotgun shells controlled by this entry,
regardless of enduser
*
*
*
*
*
*
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: This entry does not control
shotguns with a barrel length of less than
18 inches (45.72 cm). These items are
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130).
*
*
*
*
*
21. In Supplement No. 1 to part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities &
Equipment (and Miscellaneous Items),
Export Control Classification Number
(ECCN) 0A985 is amended by revising
the heading to read as follows:
0A985 Discharge type arms and devices to
administer electric shock, for example,
stun guns, shock batons, shock shields,
electric cattle prods, immobilization
guns and projectiles; except equipment
used exclusively to treat or tranquilize
animals, and except arms designed
solely for signal, flare, or saluting use;
and ‘‘specially designed’’ ‘‘parts’’ and
‘‘components,’’ n.e.s.
*
*
*
*
*
22. In Supplement No. 1 to part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities &
Equipment (and Miscellaneous Items),
Export Control Classification Number
(ECCN) 0A986 is amended by revising
the heading to read as follows:
0A986 Shotgun shells, except buckshot
shotgun shells, ‘‘specially designed’’
‘‘parts’’ and ‘‘components.’’
*
*
*
*
*
23. In Supplement No. 1 to part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities &
Equipment (and Miscellaneous Items),
Export Control Classification Number
(ECCN) 0A987 is amended by revising
the heading to read as follows:
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0A987 Optical sighting devices for firearms
(including shotguns controlled by
0A984); and ‘‘components’’ as follows
(see list of items controlled).
*
*
*
*
*
24. In Supplement No. 1 to part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities &
Equipment (and Miscellaneous Items),
Export Control Classification Number
(ECCN) 0D001 is amended:
a. By revising the heading; and
b. By revising the second Control(s)
paragraph in the License Requirements
section to read as follows:
0D001 ‘‘Software’’ specially designed or
modified for the ‘‘development,’’
‘‘production’’ or ‘‘use’’ of commodities
described in 0A001, 0A002, 0B (except
0B986 and 0B999), or 0C.
License Requirements
Reason for Control:
Control(s)
*
*
*
*
*
‘‘Software’’ for items described in 0A002 is
‘‘subject to the ITAR’’ (see 22 CFR parts 120
through 130).
*
*
*
*
25. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1A001 is amended:
a. By revising the heading; and
b. By revising the ‘‘Related Controls’’
paragraph (1) in the List of Items
Controlled section to read as follows:
1A001 ‘‘Parts’’ and ‘‘components’’ made
from fluorinated compounds, as follows
(see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) Items specially designed
or modified for missiles or for items on the
U.S. Munitions List are ‘‘subject to the
ITAR’’ (see 22 CFR parts 120 through 130,
including USML Category XXI).
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*
*
*
*
*
26. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1A002 is amended by revising the
‘‘Related Controls’’ paragraph (3) in the
List of Items Controlled section to read
as follows:
1A002 ‘‘Composite’’ structures or
laminates, having any of the following
(see List of Items Controlled).
*
*
*
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*
*
15:13 Nov 28, 2012
*
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*
*
*
*
Related Controls: * * * (3) ‘‘Composite’’
structures specially designed for missile
applications (including specially designed
subsystems, and ‘‘parts’’ and
‘‘components’’) are controlled by ECCN
9A110.
*
*
*
*
*
27. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1A004 is amended:
a. By revising the heading;
b. By revising ‘‘Related Controls’’
paragraph (4);
c. By revising the introductory text of
‘‘items’’ paragraphs a and c; and
d. By revising Technical Notes ‘‘1’’ in
the List of Items Controlled section to
read as follows:
1A004 Protective and detection equipment
and ‘‘parts’’ and ‘‘components,’’ not
specially designed for military use, as
follows (see List of Items Controlled).
*
*
against radioactive materials ‘‘adapted
for use in war,’’ biological agents
‘‘adapted for use in war,’’ chemical
warfare agent, ‘simulants’ or ‘‘riot control
agents,’’ even if such equipment, ‘‘parts’’
or ‘‘components’’ are used in civil
industries such as mining, quarrying,
agriculture, pharmaceuticals, medical,
veterinary, environmental, waste
management, or the food industry.
List of Items Controlled
*
*
*
*
*
*
*
*
*
*
28. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1A005 is amended:
a. By revising the heading;
b. By revising the ‘‘Related Controls’’
paragraph (1) in the List of Items
Controlled section; and
c. By revising ‘‘items’’ paragraph a to
read as follows:
1A005 Body armor, and specially designed
‘‘parts’’ and ‘‘components’’ therefor, as
follows (see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
List of Items Controlled
*
*
*
Related Controls: * * * (4) Chemical and
biological protective and detection
equipment specifically designed,
developed, modified, configured, or
adapted for military applications is
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130, including USML Category
XIV(f)), as is commercial equipment that
incorporates ‘‘parts’’ or ‘‘components’’
controlled under that category except for
domestic preparedness devices for
individual protection that integrate
‘‘components’’ and ‘‘parts’’ identified in
USML Category XIV(f)(4) when such
‘‘parts’’ or ‘‘components’’ are: (1) Integral to
the device; (2) inseparable from the device;
and (3) incapable of replacement without
compromising the effectiveness of the
device, in which case the equipment is
‘‘subject to the EAR’’ under ECCN 1A004.
Related Definitions: * * *
Items:
*
*
*
*
Related Controls: (1) Bulletproof and bullet
resistant vests (body armor) NIJ levels III
and IV, are ‘‘subject to the ITAR’’ (see 22
CFR parts 120 through 130, including
USML Categories X(a) and XIII(e)). * * *
Related Definitions: * * *
Items:
a. Soft body armor not manufactured to
military standards or specifications, or to
their equivalents, and specially designed
‘‘parts’’ and ‘‘components’’ therefor;
*
*
*
*
*
29. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1A006 is amended:
a. By revising the heading; and
b. By revising the ‘‘Related Controls’’
paragraph to read as follows:
a. Gas masks, filter canisters and
decontamination equipment therefor,
designed or modified for defense against any
of the following, and specially designed
‘‘parts’’ and ‘‘components’’ therefor:
1A006 Equipment, specially designed or
modified for the disposal of improvised
explosive devices, as follows (see List of
Items Controlled), and specially
designed ‘‘parts,’’ ‘‘components’’ and
accessories therefor.
*
*
*
*
*
*
*
*
*
*
*
c. Detection systems, specially designed or
modified for detection or identification of
any of the following, and specially designed
‘‘parts’’ and ‘‘components’’ therefor:
*
*
*
*
*
Technical Notes:
1. 1A004 includes equipment, ‘‘parts’’ and
‘‘components’’ that have been
‘identified,’ successfully tested to
national standards or otherwise proven
effective, for the detection of or defense
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*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: Equipment specially
designed for military use for the disposal
of improvised explosive devices is ‘‘subject
to the ITAR’’ (see 22 CFR parts 120 through
130, including USML Category IV).
*
*
*
*
*
30. In Supplement No. 1 to part 774
(the Commerce Control List), Category
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1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1A007 is amended by revising the
‘‘Related Controls’’ paragraph in the List
of Items Controlled section to read as
follows:
1A007 Equipment and devices, specially
designed to initiate charges and devices
containing energetic materials, by
electrical means, as follows (see List of
Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
Related Controls: (1) Equipment and devices
specially designed for military use are
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130). (2) This entry does not
control detonators using only primary
explosives, such as lead azide. (3) See also
3A229. (4) See 1E001 for ‘‘development’’
and ‘‘production’’ technology controls, and
1E201 for ‘‘use’’ technology controls.
*
*
*
*
*
31. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1A008 is amended:
a. By revising the heading;
b. By revising the introductory text of
‘‘Related Controls’’ paragraph (1) and
the ‘‘Related Controls’’ paragraph (2) in
the List of Items Controlled section; and
c. By revising the introductory text of
‘‘items’’ paragraph b to read as follows:
1A008 Charges, devices and ‘‘parts’’ and
‘‘components,’’ as follows (see List of
Items Controlled).
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) All of the following are
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130): * * * (2) See also
ECCNs 1C011, 1C018, 1C111, and 1C239
for additional controlled energetic
materials. See ECCN 1E001 for the
‘‘development’’ or ‘‘production’’
‘‘technology’’ for the commodities
controlled by ECCN 1A008, but not for
explosives or commodities that are
‘‘subject to the ITAR.’’
*
*
*
*
*
*
*
*
Related Controls: (1) See also 1C101. (2) For
commodities that meet the definition of
defense articles under 22 CFR 120.3 of the
International Traffic in Arms Regulations
(ITAR), which describes similar
commodities ‘‘subject to the ITAR’’ (See 22
CFR parts 120 through 130, including
USML Category XIII).
*
*
*
*
*
33. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1A102 is amended by revising the
heading to read as follows:
1A102 Resaturated pyrolized carboncarbon ‘‘parts’’ and ‘‘components’’
designed for rockets, missiles, or
unmanned aerial vehicles capable of
achieving a ‘‘range’’ equal to or greater
than 300km. (These items are ‘‘subject to
the ITAR.’’ See 22 CFR parts 120
through 130.)
*
*
*
*
34. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1A290 is amended by revising the
‘‘Related Controls’’ paragraphs (1) and
(3) in the List of Items Controlled
section to read as follows:
b. Linear shaped cutting charges having all
of the following, and specially designed
‘‘parts’’ and ‘‘components’’ therefor:
1A290 Depleted uranium (any uranium
containing less than 0.711% of the
isotope U–235) in shipments of more
than 1,000 kilograms in the form of
shielding contained in X-ray units,
radiographic exposure or teletherapy
devices, radioactive thermoelectric
generators, or packaging for the
transportation of radioactive materials.
*
*
*
*
*
*
*
*
*
*
*
Items:
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*
List of Items Controlled
*
*
*
*
*
*
*
32. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
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forms for use in munitions. See 22 CFR
part 121 for depleted uranium ‘‘subject to
the ITAR’’ * * * (3) ‘‘Natural uranium’’ or
‘‘depleted uranium’’ or thorium in the form
of metal, alloy, chemical compound or
concentrate and any other material
containing one or more of the foregoing are
subject to the export licensing authority of
the Nuclear Regulatory Commission (see 10
CFR part 110).
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1A101 is amended:
a. By revising the heading; and
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
to read as follows:
1A101 Devices for reduced observables
such as radar reflectivity, ultraviolet/
infrared signatures and acoustic
signatures, for applications usable in
rockets, missiles, or unmanned aerial
vehicles capable of achieving a ‘‘range’’
equal to or greater than 300 km or their
complete subsystems.
*
*
*
*
*
*
*
*
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*
*
*
*
35. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1A985 is amended by revising the
‘‘Related Controls’’ paragraph in the List
of Items Controlled section to read as
follows:
1A985 Fingerprinting powders, dyes, and
inks.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: See 3A981.
*
*
*
*
*
36. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1A995 is amended by revising the
heading to read as follows:
1A995 Protective and detection equipment
not specially designed for military use
and not controlled by ECCN 1A004 or
ECCN 2B351, as follows (see List of
Items Controlled), and ‘‘parts’’ and
‘‘components’’ not specially designed for
military use and not controlled by ECCN
1A004 or ECCN 2B351 therefor.
*
*
*
*
*
37. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1B001 is amended:
a. By revising the heading; and
b. By revising ‘‘items’’ paragraph f.2
in the List of Items Controlled section to
read as follows:
1B001 Equipment for the production or
inspection of ‘‘composite’’ structures or
laminates controlled by 1A002 or
‘‘fibrous or filamentary materials’’
controlled by 1C010, as follows (see List
of Items Controlled), and specially
designed ‘‘parts,’’ ‘‘components’’ and
accessories therefor.
*
*
Related Controls: (1) This entry does not
control depleted uranium in fabricated
PO 00000
*
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List of Items Controlled
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*
*
*
*
*
*
*
Items:
*
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*
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f.2. Numerically controlled ultrasonic
testing machines of which the motions for
positioning transmitters or receivers are
simultaneously coordinated and programmed
in four or more axes to follow the three
dimensional contours of the ‘‘part’’ or
‘‘component’’ under inspection;
*
*
*
*
*
38. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1B003 is amended:
a. By revising ‘‘Related Controls’’
paragraph in the List of Items Controlled
section; and
b. By revising ‘‘items’’ paragraph c to
read as follows:
1B003 Tools, dies, molds or fixtures, for
‘‘superplastic forming’’ or ‘‘diffusion
bonding’’ titanium, aluminum or their
alloys, specially designed for the
manufacture of any of the following (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: For specially designed
production equipment of systems, subsystems, and ‘‘parts’’ and ‘‘components’’
controlled by 9A005 to 9A009, 9A011,
9A101, 9A105 to 9A109, 9A111, and
9A116 to 9A120 usable in ‘‘missiles,’’ see
9B115.
*
*
*
*
*
*
*
*
*
c. Specially designed ‘‘parts’’ and
‘‘components’’ for structures specified by
1B003.a or for engines specified by 1B003.b.
*
*
*
*
39. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1B101 is amended:
a. By revising the heading; and
b. By revising ‘‘Related Definitions’’
paragraph in the List of Items Controlled
section to read as follows:
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
*
1B101 Equipment, other than that
controlled by 1B001, for the
‘‘production’’ of structural composites,
fibers, prepregs or preforms, usable for
rockets, missiles, or unmanned aerial
vehicles capable of achieving a ‘‘range’’
equal to or greater than 300 km and
their subsystems, as follows (see List of
Items Controlled); and specially
designed ‘‘parts,’’ ‘‘components’’ and
accessories therefor.
*
*
*
*
*
List of Items Controlled
*
*
*
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*
*
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*
Jkt 229001
*
*
*
*
40. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1B102 is amended:
a. By revising the heading;
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section; and
c. By revising the introductory text of
‘‘items’’ paragraph b to read as follows:
1B102 Metal powder ‘‘production
equipment,’’ other than that specified in
1B002, and ‘‘parts’’ and ‘‘components’’
as follows (see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
Unit: Equipment in number; ‘‘parts’’ and
‘‘components’’ in $ value
*
*
*
*
*
*
*
*
*
Items:
*
b. Specially designed ‘‘parts’’ and
‘‘components’’ for ‘‘production equipment’’
specified in 1B002 or 1B102.a.
*
Items:
*
Related Definitions: Examples of ‘‘parts,’’
‘‘components’’ and accessories for the
machines controlled by this entry are
molds, mandrels, dies, fixtures and tooling
for the preform pressing, curing, casting,
sintering or bonding of composite
structures, laminates and manufactures
thereof.
*
*
*
*
41. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1B115 is amended:
a. By revising the heading; and
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section to
read as follows:
1B115 Equipment, other than that
controlled in 1B002 or 1B102, for the
‘‘production’’ of propellant or
propellant constituents (see List of Items
Controlled), and specially designed
‘‘parts’’ and ‘‘components’’ therefor.
*
*
*
*
*
List of Items Controlled
Unit: Equipment in number; ‘‘parts’’ and
‘‘components’’ in $ value
*
*
*
*
*
42. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1B117 is amended:
a. By revising the heading;
PO 00000
Frm 00016
Fmt 4701
Sfmt 4702
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section; and
c. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
1B117 Batch mixers with provision for
mixing under vacuum in the range from
zero to 13.326 kPa and with temperature
control capability of the mixing chamber
and having all of the following
characteristics (see List of Items
Controlled), and specially designed
‘‘parts’’ and ‘‘components’’ therefor.
*
*
*
*
*
List of Items Controlled
Unit: Equipment in number; ‘‘parts’’ and
‘‘components’’ in $ value
Related Controls: See 1B115, 1B118, and
1B119.
*
*
*
*
*
43. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1B118 is amended:
a. By revising the heading;
b. By revising ‘‘Unit’’ paragraph in the
List of Items Controlled section; and
c. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
1B118 Continuous mixers with provision
for mixing under vacuum in the range
from zero to 13.326 kPa and with
temperature control capability of the
mixing chamber and having any of the
following characteristics (see List of
Items Controlled), and specially
designed ‘‘parts’’ and ‘‘components’’
therefor.
*
*
*
*
*
List of Items Controlled
Unit: Equipment in number; ‘‘parts’’ and
‘‘components’’ in $ value
Related Controls: See 1B115, 1B117, and
1B119.
*
*
*
*
*
44. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1B119 is amended:
a. By revising the heading;
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section; and
c. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
1B119 Fluid energy mills usable for
grinding or milling propellant or
propellant constituents specified in
1C011.a, 1C011.b or 1C111, or on the
U.S. Munitions List, and specially
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materials and precursor materials, as
follows (see List of Items Controlled).
designed ‘‘parts’’ and ‘‘components’’
therefor.
*
*
*
*
*
*
List of Items Controlled
Unit: Equipment in number; ‘‘parts’’ and
‘‘components’’ in $ value
Related Controls: See 1B115, 1B117 and
1B118.
*
*
1B225 Electrolytic cells for fluorine
production with a production capacity
greater than 250 g of fluorine per hour.
*
*
*
*
*
*
*
Related Controls: (1) See ECCNs 1E001
(‘‘development’’ and ‘‘production’’) and
1E201 (‘‘use’’) for technology for items
controlled by this entry. (2) See ECCN
1B999 for specific processing equipment,
n.e.s.
*
*
*
*
*
46. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C002 is amended by revising ‘‘items’’
paragraph c.1.a to read as follows:
1C002 Metal alloys, metal alloy powder
and alloyed materials, as follows (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
*
*
Items:
*
c.1.a. Nickel alloys (Ni-Al-X, Ni-X–Al)
qualified for turbine engine ‘‘parts’’ or
‘‘components,’’ i.e. with less than 3 nonmetallic particles (introduced during the
manufacturing process) larger than 100 mm in
109 alloy particles;
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
*
*
*
*
*
47. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C007 is amended by revising ‘‘items’’
paragraph e.3 to read as follows:
1C007 Ceramic base materials, non‘‘composite’’ ceramic materials,
ceramic-‘‘matrix’’ ‘‘composite’’
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*
*
*
*
*
*
*
*
*
e.3. Polycarbosilazanes (for producing
ceramics with silicon, carbon and nitrogen
‘‘parts’’ and ‘‘components’’);
*
*
*
*
*
48. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C011 is amended by revising the
introductory text of the ‘‘Related
Controls’’ paragraph (2) in the List of
Items Controlled to read as follows:
1C011 Metals and compounds, as follows
(see List of Items Controlled).
*
List of Items Controlled
*
*
Items:
*
*
*
*
45. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1B225 is amended by revising the
‘‘Related Controls’’ paragraph in the List
of Items Controlled section to read as
follows:
*
*
List of Items Controlled
*
*
*
*
*
*
*
71229
Control Classification Number (ECCN)
1C102 is amended by revising the
heading to read as follows:
1C102 Resaturated pyrolized carboncarbon materials designed for space
launch vehicles specified in 9A004 or
sounding rockets specified in 9A104.
(These items are ‘‘subject to the ITAR.’’
See 22 CFR parts 120 through 130.)
*
*
*
*
*
51. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C107 is amended by revising the
‘‘Related Controls’’ paragraph in the List
of Items Controlled section to read as
follows:
1C107 Graphite and ceramic materials,
other than those controlled by 1C007,
which can be machined to any of the
following products as follows (see List of
Items Controlled).
List of Items Controlled
*
*
List of Items Controlled
*
*
*
*
Related Controls: * * * (2) All of the
following are ‘‘subject to the ITAR’’ (see 22
CFR parts 120 through 130): * * *
*
*
*
*
*
49. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C101 is amended by revising the
‘‘Related Controls’’ paragraph (3) in the
List of Items Controlled to read as
follows:
1C101 Materials for Reduced Observables
such as Radar Reflectivity, Ultraviolet/
Infrared Signatures and Acoustic
Signatures (i.e., Stealth Technology),
Other than Those Controlled by 1C001,
for applications usable in rockets,
missiles, or unmanned aerial vehicles
capable of achieving a ‘‘range’’ equal to
or greater than 300km, and their
subsystems.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: * * * (3) For commodities
that meet the definition of defense articles
under 22 CFR 120.3 of the International
Traffic in Arms Regulations (ITAR), which
describes similar commodities ‘‘subject to
the ITAR’’ (See 22 CFR parts 120 through
130, including USML Category XIII).
*
*
*
*
*
50. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
PO 00000
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Fmt 4701
Sfmt 4702
*
*
*
*
*
*
*
*
*
Related Controls: (1) See also 1C004, 1C007,
and 1C298. (2) For commodities that meet
the definition of defense articles under 22
CFR 120.3 of the ITAR, which describes
similar commodities ‘‘subject to the ITAR’’
(See 22 CFR parts 120 through 130,
including USML Category XIII). (3)
‘‘Special fissile materials’’ and ‘‘other
fissile materials’’; except, four ‘‘effective
grams’’ or less when contained in a sensing
component in instruments are subject to
the export licensing authority of the
Nuclear Regulatory Commission (see 10
CFR part 110).
*
*
*
*
*
52. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C111 is amended by revising the
‘‘Related Controls’’ paragraphs (1) and
(2) in the List of Items Controlled to
read as follows:
1C111 Propellants and constituent
chemicals for propellants, other than
those specified in 1C011, as follows (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) Butacene, as defined by
1C111.c.1, and some HTPB are ‘‘subject to
the ITAR.’’ (See 22 CFR parts 120 through
130, including USML Category V, other
ferrocene derivatives). (2) See 1C018 for
controls on oxidizers that are composed of
fluorine and one or more of the following—
other halogens, oxygen, or nitrogen. Solid
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oxidizer substances are ‘‘subject to the
ITAR’’ (see 22 CFR parts 120 through 130,
including USML Category V). * * *
*
*
*
*
*
53. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C117 is amended:
a. By revising the heading; and
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
1C117 Materials for the fabrication of
missile ‘‘parts’’ or ‘‘components’’ for
rockets or missiles capable of achieving
a ‘‘range’’ equal to or greater than 300
km, as follows (see List of Items
Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: See 1C226.
*
*
*
*
*
54. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C233 is amended by revising the
‘‘Related Controls’’ paragraph in the List
of Items Controlled section to read as
follows:
1C233 Lithium enriched in the lithium-6
(6Li) isotope to greater than its natural
isotopic abundance, and products or
devices containing enriched lithium, as
follows: elemental lithium, alloys,
compounds, mixtures containing
lithium, manufactures thereof, and
waste or scrap of any of the foregoing.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
Related Controls: (1) See ECCNs 1E001
(‘‘development’’ and ‘‘production’’) and
1E201 (‘‘use’’) for technology for items
controlled by this entry. (2) See ECCN
1B233 for lithium isotope separation
facilities or plants, and equipment therefor.
(3) Facilities or plants specially designed
or prepared for the separation of lithium
isotopes are subject to the export licensing
authority of the Nuclear Regulatory
Commission (see 10 CFR part 110).
55. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C239 is amended by revising the
‘‘Related Controls’’ paragraph (3) in the
List of Items Controlled to read as
follows:
VerDate Mar<15>2010
15:13 Nov 28, 2012
Jkt 229001
1C239 High explosives, other than those
controlled by the U.S. Munitions List, or
substances or mixtures containing more
than 2% by weight thereof, with a
crystal density greater than 1.8 g/cm3
and having a detonation velocity greater
than 8,000 m/s.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: * * * (3) High explosives
for military use are ‘‘subject to the ITAR’’
(see 22 CFR part 121.12).
*
*
*
*
*
56. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C240 is amended by revising the
heading to read as follows:
1C240 Nickel powder or porous nickel
metal, other than nickel powder or
porous nickel metal, specially prepared
for the manufacture of gaseous diffusion
barriers subject to the export licensing
authority of the Nuclear Regulatory
Commission (see 10 CFR part 110), as
follows (see List of Items Controlled).
*
*
*
*
*
57. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C298 is amended:
a. By revising the License
Requirement Note paragraph in the
License Requirements section; and
b. By revising the Related Controls
paragraph in the List of Items Controlled
section to read as follows:
1C298 Graphite with a boron content of
less than 5 parts per million and a
density greater than 1.5 grams per cubic
centimeter that is intended for use other
than in a nuclear reactor.
License Requirements
*
*
*
*
*
License Requirement Note: Some graphite
intended for use in a nuclear reactor is
subject to the export licensing authority of
the Nuclear Regulatory Commission (see 10
CFR part 110).
*
*
*
*
*
*
*
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*
*
Frm 00018
*
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License Requirements
*
*
*
*
*
Licenses Requirements Notes:
*
*
*
*
*
*
*
*
2. * * *
*
*
Notes to Mixtures: * * *
*
*
*
*
*
b. Percent Weight Calculation. When
calculating the percentage, by weight, of
‘‘parts’’ or ‘‘components’’ in a chemical
mixture, include all ‘‘parts’’ and
‘‘components’’ of the mixture, including
those that act as solvents.
*
*
*
*
*
Technical Notes: * * *
1. For purposes of this entry, a ‘‘mixture’’
is defined as a solid, liquid or gaseous
product made up of two or more ‘‘parts’’ or
‘‘components’’ that do not react together
under normal storage conditions.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: See USML Category XIV(c)
for related chemicals ‘‘subject to the ITAR’’
(see 22 CFR parts 120 through 130).
*
*
*
*
*
59. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C351 is amended by revising the
‘‘Related Controls’’ paragraph (1) in the
List of Items Controlled to read as
follows:
1C351 Human and zoonotic pathogens and
‘‘toxins,’’ as follows (see List of Items
Controlled).
*
*
Related Controls: (1) See also 1C107. (2)
Graphite having a purity level of less than
5 parts per million ‘‘boron equivalent’’ as
measured according to ASTM standard C–
1233–98 and intended for use in a nuclear
reactor is subject to the export licensing
authority of the Nuclear Regulatory
Commission (see 10 CFR part 110).
*
1C350 Chemicals that may be used as
precursors for toxic chemical agents.
*
List of Items Controlled
*
58. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C350 is amended:
a. By revising ‘‘Note to Mixtures’’
paragraph b and ‘‘Technical Notes’’
paragraph 1 in the License
Requirements section; and
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
to read as follows:
*
Sfmt 4702
*
*
*
*
List of Items Controlled
Related Controls: (1) Certain forms of ricin
and saxitoxin in 1C351.d.5. and d.6 are
CWC Schedule 1 chemicals (see § 742.18 of
the EAR). The U.S. Government must
provide advance notification and annual
reports to the OPCW of all exports of
Schedule 1 chemicals. See § 745.1 of the
EAR for notification procedures. See USML
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‘‘subject to the ITAR’’ when not
incorporated into explosive devices or
charges controlled by this entry. (4)
Commercial prefabricated slurries and
emulsions containing greater than 35% of
USML controlled energetic materials are
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130).
Category XIV and § 121.7 for additional
CWC Schedule 1 chemicals that are
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130). * * *
*
*
*
*
*
60. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C355 is amended;
a. By revising the heading; and
b. By revising ‘‘Note to Mixtures’’
paragraph b and ‘‘Technical Notes’’
paragraph 1 in the License
Requirements section to read as follows:
1C355 Chemical Weapons Convention
(CWC) Schedule 2 and 3 chemicals and
families of chemicals not controlled by
ECCN 1C350 or ‘‘subject to the ITAR’’
(see 22 CFR parts 120 through 130).
License Requirements
*
*
*
*
*
Licenses Requirements Notes:
*
*
*
*
*
*
*
*
2. * * *
*
*
Notes to Mixtures: * * *
*
*
*
*
*
b. Percent Weight Calculation. When
calculating the percentage, by weight, of
‘‘parts’’ or ‘‘components’’ in a chemical
mixture, include all ‘‘parts’’ and
‘‘components’’ of the mixture, including
those that act as solvents.
*
*
*
*
*
*
*
*
61. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C992 is amended by revising the
‘‘Related Definitions’’ paragraphs (1), (3)
and (4) in the List of Items Controlled
to read as follows:
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
1C992 Commercial charges and devices
containing energetic materials, n.e.s.
and nitrogen trifluoride in a gaseous
state.
*
*
*
List of Items Controlled
*
*
*
*
*
Related Definitions: (1) Items controlled by
this entry 1C992 are those materials not
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130) or controlled by ECCN
1C018. * * * (3) The individual USML
controlled energetic materials, even when
compounded with other materials, remain
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Jkt 229001
1C996 Hydraulic fluids containing
synthetic hydrocarbon oils, not
controlled by 1C006, having all the
following characteristics (see List of
Items Controlled).
*
*
*
*
*
63. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1D002 is amended by revising the
‘‘Related Controls’’ paragraph in the List
of Items Controlled to read as follows:
*
*
*
*
*
*
*
*
62. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1C996 is amended by revising the
heading to read as follows:
1D002 ‘‘Software’’ for the ‘‘development’’
of organic ‘‘matrix,’’ metal ‘‘matrix’’ or
carbon ‘‘matrix’’ laminates or
‘‘composites’’.
Technical Notes: * * *
1. For purposes of this entry, a ‘‘mixture’’
is defined as a solid, liquid or gaseous
product made up of two or more ‘‘parts’’ or
‘‘components’’ that do not react together
under normal storage conditions.
*
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: ‘‘Software’’ for items
controlled by 1A102 are ‘‘subject to the
ITAR’’ (see 22 CFR parts 120 through 130).
*
*
*
*
*
64. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1D103 is amended:
a. By revising the heading; and
b. By revising the ‘‘Related Controls’’
paragraph (2) in the List of Items
Controlled to read as follows:
1D103 ‘‘Software’’ specially designed for
reduced observables such as radar
reflectivity, ultraviolet/infrared
signatures and acoustic signatures, for
applications usable in rockets, missiles,
or unmanned aerial vehicles capable of
delivering at least a 500 kg payload to
a ‘‘range’’ equal to or greater than 300
km and their complete subsystems.
*
*
*
*
*
List of Items Controlled
Unit: * * *
Related Controls: * * * (2) For software that
meets the definition of defense articles
PO 00000
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71231
under 22 CFR 120.3 of the International
Traffic in Arms Regulations (ITAR), which
describes similar software that are ‘‘subject
to the ITAR’’ (see 22 CFR parts 120 through
130, including USML Category XIII).
*
*
*
*
*
65. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1D993 is amended by revising the
heading to read as follows:
1D993 ‘‘Software’’ specially designed for
the ‘‘development,’’ ‘‘production’’ or
‘‘use’’ of materials controlled by
1C210.b, or 1C990.
*
*
*
*
*
66. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1E001 is amended:
a. By revising the License Exception
TSR paragraph (2) introductory text in
the License Exceptions section;
b. By revising the Special Conditions
for License Exception STA section; and
c. By revising the ‘‘Related Controls’’
paragraph (4) in the List of Items
Controlled section to read as follows:
1E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ or ‘‘production’’ of items
controlled by 1A001.b, 1A001.c, 1A002,
1A003, 1A004, 1A005, 1A006.b, 1A007,
1A008, 1A101, 1B (except 1B999), or 1C
(except 1C355, 1C980 to 1C984, 1C988,
1C990, 1C991, 1C995 to 1C999).
*
*
*
*
*
License Exceptions
*
*
*
*
*
TSR: * * *
(2) Exports and reexports to destinations
outside of those 36 countries listed in
§ 740.20(c)(1) (License Exception STA) of
‘‘technology’’ for the ‘‘development’’ or
production’’ of the following:
*
*
*
*
*
Special Conditions for License Exception
STA
License Exception STA may not be used to
ship or transmit ‘‘technology’’ according to
the General Technology Note for the
‘‘development’’ or ‘‘production’’ of
equipment and materials specified by ECCNs
1A002, 1C001, 1C007.c or d, or 1C010.c or d
to any of the eight destinations listed in
§ 740.20(c)(2) of the EAR.
List of Items Controlled
*
*
*
*
*
Related Controls: * * * (4) ‘‘Technology’’ for
items described in ECCN 1A102 is ‘‘subject
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*
*
*
*
*
*
*
*
*
*
67. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals,
‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
Control Classification Number (ECCN)
1E101 is amended by revising the
‘‘Related Controls’’ paragraph in the List
of Items Controlled to read as follows:
List of Items Controlled
Unit: Equipment in number; ‘‘parts,’’
‘‘components’’ and accessories in $ value
Related Controls: * * * (5) Nuclear radiation
detection and measurement devices
specially designed or modified for military
purposes are ‘‘subject to the ITAR’’ (see 22
CFR parts 120 through 130).
1E101 ‘‘Technology,’’ in accordance with
the General Technology Note, for the
‘‘use’’ of commodities and software
controlled by 1A101, 1A102, 1B001,
1B101, 1B102, 1B115 to 1B119, 1C001,
1C007, 1C011, 1C101, 1C107, 1C111,
1C116, 1C117, 1C118, 1D001, 1D101, or
1D103.
*
*
*
*
*
*
List of Items Controlled
*
*
*
*
Related Controls: ‘‘Technology’’ for items
controlled by 1A102 is ‘‘subject to the
ITAR’’ (see 22 CFR parts 120 through 130).
*
*
*
*
*
68. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2A001 is
amended:
a. By revising the heading; and
b. By revising the ‘‘Related Controls’’
paragraph (2) in the List of Items
Controlled section to read as follows:
2A001 Anti-friction bearings and bearing
systems, as follows, (see List of Items
Controlled) and ‘‘parts’’ and
‘‘components’’ therefor.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: * * * (2) Quiet running
bearings are ‘‘subject to the ITAR’’ (see 22
CFR parts 120 through 130).
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
*
*
*
*
*
69. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2A291 is
amended:
a. By revising the heading;
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section;
c. By revising the ‘‘Related Controls’’
paragraph (5) in the List of Items
Controlled; and
d. By revising the ‘‘items’’ paragraph
d in the List of Items Controlled section
to read as follows:
2A291 Equipment, except items controlled
by 2A290, related to nuclear material
handling and processing and to nuclear
reactors, and ‘‘parts,’’ ‘‘components’’
VerDate Mar<15>2010
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*
*
*
*
*
*
*
*
*
Items:
d. Commodities, ‘‘parts,’’ ‘‘components’’
and accessories specially designed or
prepared for use with nuclear plants (e.g.,
snubbers, airlocks, pumps, reactor fuel
charging and discharging equipment,
containment equipment such as hydrogen
recombiner and penetration seals, and reactor
and fuel inspection equipment, including
ultrasonic or eddy current test equipment).
*
*
Jkt 229001
range from 30 GHz to 3000 GHz and
having a spatial resolution of 0.5
milliradian up to and including 1
milliradian at a standoff distance of 100
meters; and ‘‘parts’’ and ‘‘components,’’
n.e.s.
and accessories therefor (see List of
Items Controlled).
to the ITAR’’ (see 22 CFR parts 120 through
130).
*
*
*
*
70. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2A292 is
amended by revising the ‘‘Unit’’
paragraph in the List of Items Controlled
section to read as follows:
2A292 Piping, fittings and valves made of,
or lined with, stainless steel, coppernickel alloy or other alloy steel
containing 10% or more nickel and/or
chromium.
*
*
*
*
*
List of Items Controlled
Unit: Pressure tubes, pipes, and fittings in
kilograms; ‘‘parts,’’ ‘‘components’’ and
valves in number
*
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) Concealed object
detection equipment operating in the
frequency range from 30 GHz to 3000 GHz
and having a spatial resolution less than
0.5 milliradian (a lower milliradian
number means a more accurate image
resolution) at a standoff distance of 100
meters is ‘‘subject to the ITAR’’ (see 22 CFR
parts 120 through 130).
*
*
*
*
*
73. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2A991 is
amended:
a. By revising the ‘‘Related Controls’’
paragraph (2) in the List of Items
Controlled section; and
b. By revising the introductory text of
paragraphs a, a.2, and b.1 of the ‘‘items’’
paragraph in the List of Items Controlled
section to read as follows:
2A991 Bearings and bearing systems not
controlled by 2A001.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: * * * (2) Quiet running
bearings are ‘‘subject to the ITAR’’ (see 22
CFR parts 120 through 130).
*
*
*
*
*
*
*
*
*
71. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2A983 is
amended by revising the heading to read
as follows:
Items:
a. Ball bearings or Solid ball bearings,
having tolerances specified by the
manufacturer in accordance with ABEC 7,
ABEC 7P, or ABEC 7T or ISO Standard Class
4 or better (or equivalents) and having any of
the following characteristics.
2A983 Explosives or detonator detection
equipment, both bulk and trace based,
consisting of an automated device, or
combination of devices for automated
decision making to detect the presence
of different types of explosives,
explosive residue, or detonators; and
‘‘parts’’ and ‘‘components,’’ n.e.s.
a.2. With lubricating elements or ‘‘part’’ or
‘‘component’’ modifications that, according
to the manufacturer’s specifications, are
specially designed to enable the bearings to
operate at speeds exceeding 2.3 million DN.
*
*
*
*
*
72. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2A984 is
amended:
a. By revising the heading; and
b. By revising the ‘‘Related Controls’’
paragraph (1) in the List of Items
Controlled section to read as follows:
2A984 Concealed object detection
equipment operating in the frequency
PO 00000
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*
*
*
*
*
*
*
*
*
*
b. * * *
b.1. With lubricating elements or ‘‘part’’ or
‘‘component’’ modifications that, according
to the manufacturer’s specifications, are
specially designed to enable the bearings to
operate at speeds exceeding 2.3 million DN;
or
*
*
*
*
*
74. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2A994 is
amended by revising the heading to read
as follows:
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2A994 Portable electric generators and
specially designed ‘‘parts’’ and
‘‘components.’’
*
*
*
*
*
75. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B001 is
amended:
a. By revising the heading;
b. By revising the parenthetical phrase
following sentence (2) of the NP
paragraph in the License Requirements
section;
c. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section; and
d. By revising Note 2 paragraph d and
the introductory text to ‘‘items’’
paragraph f in the List of Items
Controlled section to read as follows:
2B001 Machine tools and any combination
thereof, for removing (or cutting) metals,
ceramics or ‘‘composites,’’ which,
according to the manufacturer’s
technical specifications, can be
equipped with electronic devices for
‘‘numerical control’’; and specially
designed ‘‘parts’’ and ‘‘components’’ as
follows (see List of Items Controlled).
Country chart
*
*
*
*
NP applies to
NP Column 1
2B001.a, .b, .c, and
.d, EXCEPT: * * *
(2) * * * (Machines
may have drilling
and/or milling capabilities for machining ‘‘parts’’ and
‘‘components’’ with
diameters less than
42 mm); * * *
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
Note 2: * * *
d. Engraved or faceted jewellery ‘‘parts’’
and ‘‘components.’’
*
*
*
*
*
f. Deep hole drilling machines and turning
machines modified for deep hole drilling,
having a maximum depth of bore capability
exceeding 5 m and specially designed
‘‘parts’’ and ‘‘components’’ therefor.
*
*
*
*
*
76. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
VerDate Mar<15>2010
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Jkt 229001
*
*
*
List of Items Controlled
Unit: Machine Tools in number; ‘‘parts,’’
‘‘components,’’ controls and accessories in
$ value
*
*
*
*
*
2B105 Chemical vapor deposition (CVD)
furnaces, other than those controlled by
2B005.a, designed or modified for the
densification of carbon-carbon
composites.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: * * * (3) Also see ECCNs
2B005, 2B117, 2B226 and 2B227.
*
*
*
*
*
80. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B109 is
amended:
a. By revising the heading;
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section; and
c. By revising ‘‘Technical Notes’’
paragraph (2) to read as follows:
77. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B004 is
amended:
a. By revising the heading: and
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section to
read as follows:
2B109 Flow-forming machines, other than
those controlled by 2B009, and specially
designed ‘‘parts’’ and ‘‘components’’
therefor (see List of Items Controlled).
Items:
*
*
Items:
*
*
*
*
*
*
List of Items Controlled
Unit: Presses in number; ‘‘parts,’’
‘‘components’’ and accessories in $ value
*
*
*
*
List of Items Controlled
Unit: Machine tools in number; ‘‘parts’’ and
‘‘components’’ in $ value
*
2B003 ‘‘Numerically controlled’’ or manual
machine tools, and specially designed
‘‘parts,’’ ‘‘components,’’ controls and
accessories therefor, specially designed
for the shaving, finishing, grinding or
honing of hardened (Rc = 40 or more)
spur, helical and double-helical gears
with a pitch diameter exceeding 1,250
mm and a face width of 15% of pitch
diameter or larger finished to a quality
of AGMA 14 or better (equivalent to ISO
1328 class 3).
amended by revising related controls (3)
in the ‘‘Related Controls’’ paragraph in
the List of Items Controlled section to
read as follows:
2B004 Hot ‘‘isostatic presses’’ having all of
the characteristics described in the List
of Items Controlled, and specially
designed ‘‘parts’’ and ‘‘components’’ and
accessories therefor.
License Requirements
Reason for Control: * * *
Control(s)
Classification Number (ECCN) 2B003 is
amended:
a. By revising the heading;
b. By removing the License
Requirement Notes section; and
c. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section to
read as follows:
71233
*
*
*
*
78. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B005 is
amended by revising the heading to read
as follows:
2B005 Equipment specially designed for
the deposition, processing and inprocess control of inorganic overlays,
coatings and surface modifications, as
follows, for non-electronic substrates, by
processes shown in the Table and
associated Notes following 2E003.f (see
List of Items Controlled), and specially
designed automated handling,
positioning, manipulation and control
‘‘parts’’ and ‘‘components’’ therefor.
*
*
*
*
*
Frm 00021
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*
*
*
*
List of Items Controlled
Unit: Equipment in number; ‘‘parts’’ and
‘‘components’’ in $ value
*
*
*
*
*
*
*
*
*
*
*
*
Technical Notes:
*
*
*
2. 2B109 does not control machines that
are not usable in the ‘‘production’’ of
propulsion ‘‘parts,’’ ‘‘components’’ and
equipment (e.g., motor cases) for systems in
9A005, 9A007.a, or 9A105.a.
81. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B116 is
amended:
a. By revising the heading; and
b. By revising related controls (3) in
the ‘‘Related Controls’’ paragraph in the
List of Items Controlled section to read
as follows:
2B116 Vibration test systems and
equipment, usable for rockets, missiles,
or unmanned aerial vehicles capable of
achieving a ‘‘range’’ equal to or greater
than 300 km and their subsystems, and
‘‘parts’’ and ‘‘components’’ therefor, as
follows (see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
79. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B105 is
PO 00000
*
*
*
*
*
*
Related Controls: * * * (3) Also see ECCNs
9B106 and 9B990.
*
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82. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B201 is
amended:
a. By revising the heading;
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section; and
c. By revising the Note to paragraph
a to read as follows:
2B201 Machine tools, other than those
controlled by 2B001, for removing or
cutting metals, ceramics or
‘‘composites,’’ which, according to
manufacturer’s technical specifications,
can be equipped with electronic devices
for simultaneous ‘‘contouring control’’
in two or more axes, as follows (see List
of Items Controlled).
*
*
*
*
*
List of Items Controlled
Unit: Equipment in number.
*
*
*
*
*
*
*
*
83. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B206 is
amended by revising the ‘‘Unit’’
paragraph in the List of Items Controlled
section to read as follows:
2B206 Dimensional inspection machines,
instruments or systems, other than those
described in 2B006, as follows (see List
of Items Controlled).
*
*
*
*
*
List of Items Controlled
Unit: Equipment in number.
*
*
*
*
*
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
84. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B209 is
amended by revising the ‘‘Unit’’
paragraph in the List of Items Controlled
section to read as follows:
2B209 Flow forming machines, spin
forming machines capable of flow
forming functions, other than those
controlled by 2B009 or 2B109, and
mandrels, as follows (see List of Items
Controlled).
*
*
*
*
*
List of Items Controlled
Unit: Equipment in number
*
*
*
VerDate Mar<15>2010
*
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
*
*
*
*
*
*
86. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B290 is
amended by revising the ‘‘Unit’’
paragraph in the List of Items Controlled
section to read as follows:
2B290 ‘‘Numerically controlled’’ machine
tools not controlled by 2B001 or 2B201.
*
*
*
*
List of Items Controlled
Unit: Equipment in number
*
*
*
*
*
87. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B350 is
amended:
a. By revising the ‘‘Related
Definitions’’ paragraph in the List of
Items Controlled section; and
b. By adding a note at the end of the
‘‘items’’ paragraph, after the Technical
Notes, in the List of Items Controlled
section to read as follows:
2B350 Chemical manufacturing facilities
and equipment, except valves controlled
by 2A226 or 2A292, as follows (see List
of Items Controlled).
*
*
*
*
*
*
*
*
*
*
*
Jkt 229001
*
Note: See Categories V and XIV of the
United States Munitions List for all
chemicals that are ‘‘subject to the ITAR’’ (see
22 CFR parts 120 through 130).
PO 00000
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*
*
*
*
*
*
*
*
Related Controls: See ECCN 2D351 for
‘‘software’’ for toxic gas monitoring
systems and their dedicated detecting
‘‘parts’’ and ‘‘components’’ controlled by
this ECCN. Also see ECCN 1A004, which
controls chemical detection systems and
specially designed ‘‘parts’’ and
‘‘components’’ therefor that are specially
designed or modified for detection or
identification of chemical warfare agents,
but not specially designed for military use,
and ECCN 1A995, which controls certain
detection equipment, ‘‘parts’’ and
‘‘components’’ not controlled by ECCN
1A004 or by this ECCN.
*
*
*
*
*
89. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B352 is
amended:
a. By revising the heading;
b. By revising ‘‘Related Controls’’
paragraph in the List of Items Controlled
section;
c. By revising ‘‘items’’ paragraphs c.3,
d.1.b.2, d.2 and the introductory text of
‘‘items’’ paragraph h in the List of Items
Controlled section; and
d. By revising ‘‘Technical Notes’’
paragraph 2 at the end of the ‘‘items’’
paragraph to read as follows:
2B352 Equipment capable of use in
handling biological materials and
‘‘parts’’ and ‘‘components’’ therefor, as
follows (see List of Items Controlled).
*
*
*
Related Definitions: For purposes of this
entry the term ‘chemical warfare agents’
include those agents ‘‘subject to the ITAR’’
(see 22 CFR parts 120 through 130).
Items:
*
*
*
*
*
*
List of Items Controlled
List of Items Controlled
*
2B351 Toxic gas monitoring systems and
their dedicated detecting ‘‘parts’’ and
‘‘components’’ (i.e., detectors, sensor
devices, and replaceable sensor
cartridges), as follows, except those
systems and detectors controlled by
ECCN 1A004.c (see List of Items
Controlled).
List of Items Controlled
b. Centrifugal balancing machines designed
for balancing hollow cylindrical rotor ‘‘parts’’
or ‘‘components’’ and having all of the
following characteristics:
*
2—Materials Processing, Export Control
Classification Number (ECCN) 2B351 is
amended:
a. By revising the heading; and
b. By revising ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
*
*
Items:
88. In Supplement No. 1 to part 774
(the Commerce Control List), Category
*
15:13 Nov 28, 2012
2B229 Centrifugal multiplane balancing
machines, fixed or portable, horizontal
or vertical, as follows (see List of Items
Controlled).
*
*
Items:
a. * * *
Note: Item 2B201.a. does not control bar
machines (Swissturn), limited to machining
only bar feed thru, if maximum bar diameter
is equal to or less than 42 mm and there is
no capability of mounting chucks. Machines
may have drilling and/or milling capabilities
for machining ‘‘parts’’ and ‘‘components’’
with diameters less than 42 mm.
*
85. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B229 is
amended by revising the introductory
text to ‘‘items’’ paragraph b in the List
of Items Controlled section to read as
follows:
*
*
*
*
Related Controls: See ECCNs 1A004 and
1A995 for protective equipment that is not
covered by this entry. Also see ECCN
9A120 for controls on certain ‘‘UAV’’
systems designed or modified to dispense
an aerosol and capable of carrying
elements of a payload in the form of a
particulate or liquid, other than fuel
‘‘parts’’ or ‘‘components’’ of such vehicles,
of a volume greater than 20 liters.
*
*
*
*
*
*
*
*
*
Items:
*
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c.3. ‘‘Parts’’ or ‘‘components’’ of polished
stainless steel or titanium; and
*
*
*
*
*
d.1.b.2. Using disposable or single-use
filtration ‘‘parts’’ or ‘‘components’’.
*
*
*
*
*
*
d.2. Cross (tangential) flow filtration
‘‘parts’’ or ‘‘components’’ (e.g., modules,
elements, cassettes, cartridges, units or
plates) with filtration area equal to or greater
than 0.2 square meters (0.2 m2) for each
‘‘part’’ or ‘‘component’’ and designed for use
in cross (tangential) flow filtration equipment
controlled by 2B352.d.1.
*
*
*
*
*
h. Spraying or fogging systems and ‘‘parts’’
and ‘‘components’’ therefor, as follows:
*
*
*
*
*
*
*
*
*
2. This ECCN does not control spraying or
fogging systems, ‘‘parts’’ and ‘‘components,’’
as specified in 2B352.h., that are
demonstrated not to be capable of delivering
biological agents in the form of infectious
aerosols.
*
*
*
*
*
90. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B991 is
amended by revising the heading to read
as follows:
2B991 Numerical control units for machine
tools and ‘‘numerically controlled’’
machine tools, n.e.s. (see List of Items
Controlled).
*
*
*
*
*
91. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B992 is
amended by revising the heading to read
as follows:
2B992 Non-‘‘numerically controlled’’
machine tools for generating optical
quality surfaces, (see List of Items
Controlled) and specially designed
‘‘parts’’ and ‘‘components’’ therefor.
*
*
*
*
92. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B996 is
amended by revising the heading to read
as follows:
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
*
2B996 Dimensional inspection or
measuring systems or equipment not
controlled by 2B006 or 2B206, as follows
(see List of Items Controlled).
*
*
*
*
*
93. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2B998 is
amended by revising ‘‘items’’ paragraph
c in the List of Items Controlled Section
to read as follows:
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*
*
*
*
*
*
*
*
*
*
*
*
*
Items:
*
c. Specially designed printed circuit boards
with mounted ‘‘parts’’ or ‘‘components’’
capable of upgrading, according to the
manufacturer’s specifications, ‘‘numerical
control’’ units, machine tools or feed-back
devices to or above the levels specified in
ECCNs 2B991, 2B993, 2B996, 2B997, or
2B998.
Jkt 229001
*
*
*
*
94. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2D351 is
amended by revising the heading to read
as follows:
2D351 Dedicated ‘‘software’’ for toxic gas
monitoring systems and their dedicated
detecting ‘‘parts’’ and ‘‘components’’
controlled by ECCN 2B351.
*
*
*
*
*
95. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2D984 is
amended by revising the ‘‘Related
Controls’’ paragraph (1) in the List of
Items Controlled section to read as
follows:
2D984 ‘‘Software’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production’’ or ‘‘use’’
of concealed object detection equipment
controlled by 2A984.
*
*
*
*
*
*
*
*
*
96. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, the Category
2E—Materials Processing Table;
Deposition Techniques is amended:
a. By revising paragraph 17 of the
Notes to Table on Deposition
Techniques section; and
b. By revising paragraph 1.b of the
Accompanying Technical Information to
Table on Deposition Techniques
section, to read as follows;
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*
*
*
*
*
Notes to Table on Deposition Techniques
*
*
*
*
17. ‘‘Technology’’ specially designed to
deposit diamond-like carbon on any of the
following is not controlled: magnetic disk
drives and heads, equipment for the
manufacture of disposables, valves for
faucets, acoustic diaphragms for speakers,
engine ‘‘parts’’ and ‘‘components’’ for
automobiles, cutting tools, punching-pressing
dies, office automation equipment,
microphones, medical devices or molds, for
casting or molding of plastics, manufactured
from alloys containing less than 5%
beryllium.
*
*
*
*
*
Accompanying Technical Information to
Table on Deposition Techniques:
1. * * *
b. Visual and macroscopic criteria for
acceptance of the cleaned ‘‘part’’ or
‘‘component;’’
97. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, Export Control
Classification Number (ECCN) 2E984 is
amended by revising the ‘‘Related
Controls’’ paragraph (1) in the List of
Items Controlled section to read as
follows:
2E984 ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production’’ or ‘‘use’’
of equipment controlled by 2A984 or
‘‘required’’ for the ‘‘development’’ of
‘‘software’’ controlled by 2D984.
*
*
*
*
*
List of Items Controlled
*
List of Items Controlled
Unit: * * *
Related Controls: (1) ‘‘Software’’ ‘‘required’’
for the ‘‘development,’’ ‘‘production’’ or
‘‘use’’ of concealed object detection
equipment operating in the frequency
range from 30 GHz to 3000 GHz and having
a spatial resolution less than 0.5
milliradian (a lower milliradian number
means a more accurate image resolution) at
a standoff distance of 100 meters is
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130). * * *
*
Category 2E—Materials Processing Table;
Deposition Techniques
*
List of Items Controlled
*
Technical Notes:
*
2B998 Assemblies, circuit boards or inserts
specially designed for machine tools
controlled by 2B991, or for equipment
controlled by 2B993, 2B996 or 2B997.
71235
*
*
*
*
Related Controls: (1) ‘‘Technology’’
‘‘required’’ for the ‘‘development,’’
‘‘production’’ or ‘‘use’’ of concealed object
detection equipment operating in the
frequency range from 30 GHz to 3000 GHz
and having a spatial resolution less than
0.5 milliradian (a lower milliradian
number means a more accurate image
resolution) at a standoff distance of 100
meters or ‘‘required’’ for the
‘‘development’’ of ‘‘software’’ ‘‘required’’
for the ‘‘development,’’ ‘‘production’’ or
‘‘use’’ of concealed object detection
equipment operating in the frequency
range from 30 GHz to 3000 GHz and having
a spatial resolution less than 0.5
milliradian at a standoff distance of 100
meters is ‘‘subject to the ITAR’’ (see 22 CFR
parts 120 through 130). * * *
*
*
*
*
*
98. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics is amended by revising
the ‘‘Note’’ that immediately follows the
Category 3(Systems, Equipment and
Components) heading to read as follows:
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Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Proposed Rules
CATEGORY 3—ELECTRONICS
A. SYSTEMS, EQUIPMENT, AND
COMPONENTS
Note 1: The control status of equipment,
‘‘parts’’ and ‘‘components’’ described in
3A001 or 3A002, other than those described
in 3A001.a.3 to 3A001.a.10, 3A001.a.12 or
3A001.a.13, which are specially designed for
or which have the same functional
characteristics as other equipment is
determined by the control status of the other
equipment.
*
*
*
*
*
99. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A001 is
amended:
a. By revising the heading;
b. By revising the ‘‘Related Controls’’
paragraph (1), the introductory text of
paragraph (2), and paragraph (2)(c) in
the List of Items Controlled section; and
c. By revising the introductory text to
‘‘items’’ paragraphs b, c, and d in the
List of Items Controlled section to read
as follows:
3A001 Electronic ‘‘components’’ and
specially designed ‘‘parts’’ and
‘‘components’’ therefor, as follows (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) The following
commodities are ‘‘subject to the ITAR’’
when ‘‘space qualified’’ and operating at
frequencies higher than 31.8 GHz: helix
tubes (traveling wave tubes (TWT)) defined
in 3A001.b.1.a.4.c; microwave solid state
amplifiers defined in 3A001.b.4.b traveling
wave tube amplifiers (TWTA) defined in
3A001.b.8; and derivatives thereof; (2) The
following commodities are also ‘‘subject to
the ITAR (see 22 CFR parts 120 through
130):’’ * * * (c) All specifically designed
or modified systems or subsystems,
‘‘parts,’’ ‘‘components,’’ accessories,
attachments, and associated equipment
controlled by Category XV (e) of the USML.
See also 3A101, 3A201, and 3A991.
*
*
*
*
*
*
*
*
*
Items:
*
b. Microwave or millimeter wave ‘‘parts’’
or ‘‘components,’’ as follows:
*
*
*
*
*
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*
*
*
*
*
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*
*
*
15:13 Nov 28, 2012
Jkt 229001
*
*
*
*
*
*
*
*
*
*
Related Controls: ‘‘Space-qualified’’ atomic
frequency standards defined in 3A002.g.1
are ‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130, including USML Category
XV). * * *
*
*
*
*
*
101. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A003 is
amended by revising the heading to read
as follows:
3A003 Spray cooling thermal management
systems employing closed loop fluid
handling and reconditioning equipment
in a sealed enclosure where a dielectric
fluid is sprayed onto electronic ‘‘parts’’
or ‘‘components’’ using specially
designed spray nozzles that are designed
to maintain electronic ‘‘parts’’ or
‘‘components’’ within their operating
temperature range, and specially
designed ‘‘parts’’ and ‘‘components’’
therefor.
*
*
*
*
*
102. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A101 is
amended:
a. By revising the heading; and
b. By revising ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
3A101 Electronic equipment, devices,
‘‘parts’’ and ‘‘components,’’ other than
those controlled by 3A001, as follows
(see List of Items Controlled).
*
*
*
*
*
*
*
*
*
Related Controls: Items controlled in 3A101.a
are ‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130).
*
*
*
*
*
103. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A201 is
amended:
a. By revising the heading;
PO 00000
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Fmt 4701
Sfmt 4702
b. By revising the Note to ‘‘items’’
paragraph c in the List of Items
Controlled section to read as follows:
3A201 Electronic ‘‘parts’’ and
‘‘components,’’ other than those
controlled by 3A001, as follows (see List
of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
*
*
Items:
*
List of Items Controlled
*
d. Electronic devices and circuits
containing ‘‘parts’’ or ‘‘components,’’
manufactured from ‘‘superconductive’’
materials, specially designed for operation at
temperatures below the ‘‘critical
temperature’’ of at least one of the
‘‘superconductive’’ constituents and having
any of the following:
*
3A002 General purpose electronic
equipment and accessories therefor, as
follows (see List of Items Controlled).
List of Items Controlled
c. Acoustic wave devices as follows and
specially designed ‘‘parts’’ and
‘‘components’’ therefor:
*
100. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A002 is
amended by revising the first sentence
in ‘‘Related Controls’’ paragraph in the
List of Items Controlled section to read
as follows:
c. * * *
Note: 3A201.c does not control accelerators
that are ‘‘parts’’ or ‘‘components’’ of devices
designed for purposes other than electron
beam or X-ray radiation (electron
microscopy, for example) nor those designed
for medical purposes.
104. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A225 is
amended:
a. By revising the heading; and
b. By adding a heading Note to read
as follows:
3A225 Frequency changers (also known as
converters or inverters) or generators,
other than those described in the
Heading Note to this entry, having all of
the following characteristics (see List of
Items Controlled).
HEADING NOTE: This entry does not
include frequency changers (converters or
inverters) specially designed or prepared to
supply motor stators for gas centrifuge
enrichment, having all of the following
characteristics, and specially designed
‘‘parts’’ and ‘‘components’’ therefor: (1)
multiphase output of 600 to 2000 Hz; (2)
frequency control better than 0.1%; (3)
harmonic distortion of less than 2%; and an
efficiency greater than 80% that are subject
to the export licensing authority of the
Nuclear Regulatory Commission (see 10 CFR
part 110).
*
*
*
*
*
105. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A226 is
amended:
a. By revising the heading; and
b. By adding a heading Note to read
as follows:
3A226 High-power direct current power
supplies, other than those described in
the Heading Note to this entry, having
both of the following characteristics (see
List of Items Controlled).
HEADING NOTE: This entry does not
include magnet power supplies (high power,
direct current), specially designed or
prepared for electromagnetic separation
process, having all of the following
characteristics: (1) Capable of continuous
operation with a current output of 500 A or
greater at a voltage of 100 V or greater; and
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(2) current or voltage regulation better than
0.01% over a period of 8 hours that are
subject to the export licensing authority of
the Nuclear Regulatory Commission (see 10
CFR part 110).
*
*
*
*
*
106. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A227 is
amended:
a. By revising the heading; and
b. By adding a heading Note to read
as follows:
3A227 High-voltage direct current power
supplies, other than those described in
the Heading Note to this entry, having
both of the following characteristics (see
List of Items Controlled).
HEADING NOTE: This entry does not
include high voltage power supplies for ion
sources, specially designed or prepared for
electromagnetic separation process, having
all of the following characteristics: (1)
Capable of continuous operation; (2) output
voltage of 20,000 V or greater; (3) output
current of 1 A or greater; and (4) voltage
regulation of better than 0.01% over a period
of 8 hours that are subject to the export
licensing authority of the Nuclear Regulatory
Commission (see 10 CFR part 110).
*
*
*
*
*
107. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A229 is
amended by revising the ‘‘Related
Controls’’ paragraph (2) in the List of
Items Controlled section to read as
follows:
3A229 Firing sets and equivalent highcurrent pulse generators (for detonators
controlled by 3A232), as follows (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: * * * (2) High explosives
and related equipment for military use are
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130).
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
*
*
*
*
*
108. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A230 is
amended by revising the ‘‘Related
Controls’’ paragraph in the List of Items
Controlled section to read as follows:
3A230 High-speed pulse generators having
both of the following characteristics (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) See ECCNs 3E001
(‘‘development’’ and ‘‘production’’) and
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3E201 (‘‘use’’) for technology for items
controlled under this entry. (2) See ECCNs
3A002.d.1, 3A992.a and 3A999.d.
*
*
*
*
*
109. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A231 is
amended by revising the ‘‘Unit’’
paragraph in the List of Items Controlled
section to read as follows:
3A231 Neutron generator systems,
including tubes, having both of the
following characteristics (see List of
Items Controlled).
*
*
*
*
*
List of Items Controlled
Unit: Number
*
*
*
*
*
110. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A232 is
amended by revising the ‘‘Related
Controls’’ paragraph (3) in the List of
Items Controlled section to read as
follows:
3A232 Detonators and multipoint initiation
systems, as follows (see List of Items
Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: * * * (3) High explosives
and related equipment for military use are
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130).
*
*
*
*
*
111. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A233 is
amended by revising the heading to read
as follows:
3A233 Mass spectrometers, other than
specially designed or prepared auxiliary
systems, equipment, ‘‘parts’’ and
‘‘components’’ for isotope separation
plants, made of or protected by UF6
resistant materials that are subject to the
export licensing authority of the Nuclear
Regulatory Commission (see 10 CFR
part 110), capable of measuring ions of
230 atomic mass units or greater and
having a resolution of better than 2 parts
in 230, and ion sources therefor.
*
*
*
*
*
112. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A292 is
amended:
a. By revising the heading; and
b. By revising the introductory text to
the Note at the end of the ‘‘items’’
paragraph in the List of Items Controlled
section to read as follows:
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71237
3A292 Oscilloscopes and transient
recorders other than those controlled by
3A002.a.5, and specially designed
‘‘parts’’ and ‘‘components’’ therefor.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
*
*
Items:
*
Note: Specially designed ‘‘parts’’ and
‘‘components’’ controlled by this item are the
following, for analog oscilloscopes:
*
*
*
*
*
113. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A980 is
amended by revising the heading to read
as follows:
3A980 Voice print identification and
analysis equipment and ‘‘specially
designed’’ ‘‘components’’ therefor, n.e.s.
*
*
*
*
*
114. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A981 is
amended by revising the heading to read
as follows:
3A981 Polygraphs (except biomedical
recorders designed for use in medical
facilities for monitoring biological and
neurophysical responses); fingerprint
analyzers, cameras and equipment,
n.e.s.; automated fingerprint and
identification retrieval systems, n.e.s.;
psychological stress analysis equipment;
electronic monitoring restraint devices;
and ‘‘specially designed’’ ‘‘components’’
and accessories therefor, n.e.s.
*
*
*
*
*
115. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A982 is
amended by revising the heading to read
as follows:
3A982 Microwave or millimeter wave
‘‘parts’’ and ‘‘components’’ that operate
at frequencies below those controlled by
3A001 as follows (See List of Items
Controlled).
*
*
*
*
*
116. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A991 is
amended:
a. By revising the heading; and
b. By revising the introductory text
‘‘items’’ paragraph l in the List of Items
Controlled section to read as follows:
3A991 Electronic devices, and ‘‘parts’’ and
‘‘components’’ not controlled by 3A001.
*
*
*
*
*
List of Items Controlled
*
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semiconductor devices as follows (see
List of Items Controlled) and specially
designed ‘‘parts,’’ ‘‘components’’ and
accessories therefor.
Items:
*
*
*
*
*
l. Circuits or systems for electromagnetic
energy storage, containing ‘‘parts’’ or
‘‘components’’ manufactured from
‘‘superconductive’’ materials specially
designed for operation at temperatures below
the ‘‘critical temperature’’ of at least one of
their ‘‘superconductive’’ constituents, having
all of the following:
*
*
*
*
*
117. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A999 is
amended:
a. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section; and
b. By revising ‘‘items’’ paragraph c in
the List of Items Controls section to read
as follows:
3A999 Specific processing equipment,
n.e.s., as follows (see List of Items
Controlled).
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
118. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3B001 is
amended by revising the heading to read
as follows:
3B001 Equipment for the manufacturing of
semiconductor devices or materials, as
follows (see List of Items Controlled)
and specially designed ‘‘parts,’’
‘‘components’’ and accessories therefor.
*
*
*
*
*
119. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3B002 is
amended by revising the heading to read
as follows:
3B002 Test equipment specially designed
for testing finished or unfinished
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*
*
*
*
*
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*
*
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*
*
Notes: * * *
*
*
*
3. Electronic ‘‘parts,’’ ‘‘components,’’
‘‘assemblies’’ and integrated circuits not
controlled by 3A001 or 3A991 provided such
test equipment does not incorporate
computing facilities with ‘‘user accessible
programmability’’.
122. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3D001 is
amended by revising the introductory
text of ‘‘Related Controls’’ paragraph (1)
in the List of Items Controlled section to
read as follows:
3D001 ‘‘Software’’ specially designed for
the ‘‘development’’ or ‘‘production’’ of
equipment controlled by 3A001.b to
3A002.g or 3B (except 3B991 and
3B992).
*
*
*
*
*
List of Items Controlled
Items:
*
*
*
*
*
a. Equipment specially designed for the
manufacture of electron tubes, optical
elements and specially designed ‘‘parts’’ and
‘‘components’’ therefor controlled by 3A001
or 3A991;
Related Controls: ‘‘Software’’ specially
designed for the ‘‘development’’ or
‘‘production’’ of the following equipment
is ‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130):
*
*
*
*
*
*
b.1. Equipment for the processing of
materials for the manufacture of devices,
‘‘parts’’ and ‘‘components’’ as specified in the
heading of 3B991.b, as follows:
*
c. All flash x-ray machines, and ‘‘parts’’ or
‘‘components’’ of pulsed power systems
designed thereof, including Marx generators,
high power pulse shaping networks, high
voltage capacitors, and triggers;
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
*
*
*
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*
List of Items Controlled
Unit: Equipment in number; ‘‘parts,’’
‘‘components’’ and accessories in $ value
Items:
*
3B991 Equipment not controlled by 3B001
for the manufacture of electronic
‘‘parts,’’ ‘‘components’’ and materials
(see List of Items Controlled), and
specially designed ‘‘parts,’’
‘‘components’’ and accessories therefor.
*
Related Controls: (1) See also 3A225 (for
frequency changers capable of operating in
the frequency range of 600 Hz and above),
and 3A233. (2) Specially designed or
prepared auxiliary systems, equipment,
‘‘parts’’ and ‘‘components’’ for isotope
separation plants, made of or protected by
UF6 resistant materials are subject to the
export licensing authority of the Nuclear
Regulatory Commission (see 10 CFR part
110).
*
*
*
*
*
120. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3B991 is
amended:
a. By revising the heading;
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section; and
c. By revising ‘‘items’’ paragraph a
and the introductory text of ‘‘items’’
paragraphs b.1 and b.2 to read as
follows:
*
List of Items Controlled
*
*
a. Equipment specially designed for the
inspection or testing of electron tubes, optical
elements and specially designed ‘‘parts’’ and
‘‘components’’ therefor controlled by 3A001
or 3A991;
*
*
*
*
b.2. Masks, mask ‘‘substrates,’’ maskmaking equipment and image transfer
equipment for the manufacture of devices,
‘‘parts’’ and ‘‘components’’ as specified in the
heading of 3B991, as follows:
*
*
*
*
*
121. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3B992 is
amended:
a. By revising the heading;
b. By revising ‘‘items’’ paragraph a;
and
c. By revising paragraph 3 of the
‘‘Notes’’ to ‘‘items’’ paragraph b.4.b to
read as follows:
3B992 Equipment not controlled by 3B002
for the inspection or testing of electronic
‘‘components’’ and materials, and
specially designed ‘‘parts,’’
‘‘components’’ and accessories therefor.
*
*
*
*
*
124. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3D982 is
amended by revising the heading to read
as follows:
3D982 ‘‘Software’’ specially designed for
the ‘‘development’’ or ‘‘production’’ of
microwave or millimeter wave ‘‘parts’’
and ‘‘components’’ classified under
ECCN 3A982.
*
*
*
*
*
*
*
125. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3D991 is
amended by revising the heading to read
as follows:
*
*
*
*
3D991 ‘‘Software’’ specially designed for
the ‘‘development,’’ ‘‘production’’ or
*
*
*
*
List of Items Controlled
*
Items:
PO 00000
3D980 ‘‘Software’’ specially designed for
the ‘‘development,’’ ‘‘production’’ or
‘‘use’’ of commodities controlled by
3A980 and 3A981.
*
*
*
*
*
*
*
123. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3D980 is
amended by revising the heading to read
as follows:
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‘‘use’’ of electronic devices, ‘‘parts’’ or
‘‘components’’ controlled by 3A991,
general purpose electronic equipment
controlled by 3A992, or manufacturing
and test equipment controlled by 3B991
and 3B992; or ‘‘software’’ specially
designed for the ‘‘use’’ of equipment
controlled by 3B001.g and .h.
*
*
*
*
*
126. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3E001 is
amended:
a. By revising the introductory text of
‘‘Related Controls’’ paragraph (2) in the
List of Items Controlled section; and
b. By revising ‘‘Note 1’’ at the end of
the List of Items Controlled to read as
follows:
3E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ or ‘‘production’’ of
equipment or materials controlled by 3A
(except 3A292, 3A980, 3A981, 3A991
3A992, or 3A999), 3B (except 3B991 or
3B992) or 3C (except 3C992).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: *** (2) ‘‘Technology’’
according to the General Technology Note
for the ‘‘development’’ or ‘‘production’’ of
the following commodities is ‘‘subject to
the ITAR’’ (see 22 CFR parts 120 through
130):
*
*
*
*
*
*
*
*
*
Items:
*
Note 1: 3E001 does not control
‘‘technology’’ for the ‘‘production’’ of
equipment, ‘‘parts’’ or ‘‘components’’
controlled by 3A003.
*
*
*
*
*
127. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3E003 is
amended:
a. By revising ‘‘Related Controls’’
paragraph (1) in the List of Items
Controlled section; and
b. By revising ‘‘items’’ paragraphs d
and f to read as follows:
3E003 Other ‘‘technology’’ for the
‘‘development’’ or ‘‘production’’ of the
following (see List of Items Controlled).
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*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) Technology for the
‘‘development’’ or ‘‘production’’ of ‘‘space
qualified’’ electronic vacuum tubes
operating at frequencies of 31.8 GHz or
higher, described in 3E003.g, is ‘‘subject to
the ITAR’’ (see 22 CFR parts 120 through
130);
*
*
*
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*
*
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*
*
*
d. Substrates of films of diamond for
electronic ‘‘parts’’ or ‘‘components;’’
*
*
*
*
*
f. Substrates of silicon carbide for
electronic ‘‘parts’’ or ‘‘components;’’
*
*
*
*
*
128. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3E980 is
amended by revising the heading to read
as follows:
3E980 ‘‘Technology’’ specially designed for
‘‘development,’’ ‘‘production’’ or ‘‘use’’
of commodities controlled by 3A980 and
3A981.
*
*
*
*
*
129. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3E982 is
amended by revising the heading to read
as follows:
3E982 ‘‘Technology’’ ‘‘require’’ for the
‘‘development’’ or ‘‘production’’ of
microwave or millimeter wave ‘‘parts’’
or ‘‘components’’ classified under ECCN
3A982.
*
*
*
*
*
130. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3E991 is
amended by revising the heading to read
as follows:
3E991 ‘‘Technology’’ for the
‘‘development,’’ ‘‘production’’ or ‘‘use’’
of electronic devices, ‘‘parts’’ or
‘‘components’’ controlled by 3A991,
general purpose electronic equipment
controlled by 3A992, or manufacturing
and test equipment controlled by 3B991
or 3B992, or materials controlled by
3C992.
*
*
*
*
*
131. In Supplement No. 1 to part 774
(the Commerce Control List), Category
4–Computers, Export Control
Classification Number (ECCN) 4A001 is
amended:
a. By revising the heading;
b. By revising ‘‘Unit’’ paragraph in the
List of Items Controlled section; and
c. By revising ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
4A001 Electronic computers and related
equipment, having any of the following
(see List of Items Controlled), and
‘‘electronic assemblies’’ and specially
designed ‘‘parts’’ and ‘‘components’’
therefor.
*
*
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Items:
PO 00000
*
*
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*
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71239
List of Items Controlled
Unit: Computers and related equipment in
number; ‘‘electronic assemblies,’’ ‘‘parts’’
and ‘‘components’’ in $ value
Related Controls: See also 4A101 and 4A994.
See Category 5—Part 2 for electronic
computers and related equipment
performing or incorporating ‘‘information
security’’ functions as the primary
function. Equipment designed or rated for
transient ionizing radiation is ‘‘subject to
the ITAR’’ (see 22 CFR parts 120 through
130).
*
*
*
*
*
132. In Supplement No. 1 to part 774
(the Commerce Control List), Category
4—Computers, Export Control
Classification Number (ECCN) 4A003 is
amended:
a. By revising the heading;
b. By removing Note 2 in at the end
of the License Requirements section;
c. By adding a Reporting
Requirements section after the License
Requirements section;
d. By revising the License Exception
GBS paragraph in the License
Exceptions section; and
e. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section to
read as follows:
4A003 ‘‘Digital computers,’’ ‘‘electronic
assemblies’’ and related equipment
therefor, as follows (see List of Items
Controlled) and specially designed
‘‘parts’’ and ‘‘components’’ therefor.
*
*
*
*
*
Reporting Requirements
Special Post Shipment Verification
reporting and recordkeeping requirements for
exports of computers to destinations in
Computer Tier 3 may be found in § 743.2 of
the EAR.
License Exceptions
*
*
*
*
*
GBS: Yes, for 4A003.e, and .g and specially
designed ‘‘parts’’ and ‘‘components’’ therefor,
exported separately or as part of a system.
*
*
*
*
*
List of Items Controlled
Unit: Computers and related equipment in
number; ‘‘electronic assemblies,’’ ‘‘parts’’
and ‘‘components’’ in $ value
*
*
*
*
*
133. In Supplement No. 1 to part 774
(the Commerce Control List), Category
4—Computers, Export Control
Classification Number (ECCN) 4A004 is
amended:
a. By revising the heading; and
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section to
read as follows:
4A004 Computers as follows (see List of
Items Controlled) and specially designed
related equipment, ‘‘electronic
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Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Proposed Rules
assemblies,’’ and ‘‘parts’’ and
‘‘components’’ therefor.
*
*
*
*
List of Items Controlled
Unit: Equipment in number; ‘‘parts,’’
‘‘components’’ and accessories in $ value
*
List of Items Controlled
*
Unit: Computers and related equipment in
number; ‘‘electronic assemblies,’’ ‘‘parts’’
and ‘‘components’’ in $ value
*
*
*
*
*
*
134. In Supplement No. 1 to part 774
(the Commerce Control List), Category
4—Computers, Export Control
Classification Number (ECCN) 4A101 is
amended by revising the ‘‘Note’’ to
‘‘items’’ paragraph b in the List of Items
Controlled section to read as follows:
4A101 Analog computers, ‘‘digital
computers’’ or digital differential
analyzers, other than those controlled
by 4A001 designed or modified for use
in ‘‘missiles,’’ having any of the
following (see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
*
Items:
a. Electronic computers and related
equipment, and ‘‘electronic assemblies’’ and
specially designed ‘‘parts’’ and
‘‘components’’ therefor, rated for operation at
an ambient temperature above 343 K (70 °C);
*
*
*
*
*
k. ‘‘Hybrid computers’’ and ‘‘electronic
assemblies’’ and specially designed ‘‘parts’’
and ‘‘components’’ therefor containing
analog-to-digital converters having all of the
following characteristics:
*
*
*
*
*
137. In Supplement No. 1 to part 774
(the Commerce Control List), Category
4—Computers, Export Control
Classification Number (ECCN) 4D001 is
amended by adding a Reporting
Requirements section after the License
Requirements section to read as follows:
*
*
*
*
4D001 ‘‘Software’’ as follows (see List of
Items Controlled).
*
*
*
*
*
Items:
*
*
*
*
*
*
b. * * *
Note: ‘Radiation hardened’ means that the
‘‘part,’’ ‘‘component’’ or equipment is
designed or rated to withstand radiation
levels which meet or exceed a total
irradiation dose of 5 X 105 rads (Si).
Reporting Requirements
See § 743.1 of the EAR for reporting
requirements for exports under License
Exceptions, Special Comprehensive Licenses,
and Validated End-User authorizations.
*
*
*
*
*
*
*
*
*
*
135. In Supplement No. 1 to part 774
(the Commerce Control List), Category
4—Computers, Export Control
Classification Number (ECCN) 4A102 is
amended by revising the heading to read
as follows:
138. In Supplement No. 1 to part 774
(the Commerce Control List), Category
4—Computers, Export Control
Classification Number (ECCN) 4D980 is
amended by revising the heading to read
as follows:
4A102 ‘‘Hybrid computers’’ specially
designed for modelling, simulation or
design integration of ‘‘missiles’’ or their
subsystems. (These items are ‘‘subject to
the ITAR.’’ See 22 CFR parts 120
through 130.)
4D980 ‘‘Software’’ specially designed for
the ‘‘development,’’ ‘‘production’’ or
‘‘use’’ of commodities controlled by
4A980.
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*
*
*
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136. In Supplement No. 1 to part 774
(the Commerce Control List), Category
4—Computers, Export Control
Classification Number (ECCN) 4A994 is
amended:
a. By revising the heading;
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section; and
c. By revising the introductory text to
‘‘items’’ paragraphs a and k to read as
follows:
4A994 Computers, ‘‘electronic assemblies’’
and related equipment not controlled by
4A001 or 4A003, and specially designed
‘‘parts’’ and ‘‘components’’ therefor (see
List of Items Controlled).
*
*
*
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*
*
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*
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139. In Supplement No. 1 to part 774
(the Commerce Control List), Category
4—Computers, Export Control
Classification Number (ECCN) 4E980 is
amended by revising the heading to read
as follows:
4E980 ‘‘Technology’’ for the
‘‘development,’’ ‘‘production’’ or ‘‘use’’
of commodities controlled by 4A980.
*
*
*
*
*
140. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 1—
Telecommunications is amended by
revising the introductory text of Note 1,
the N.B.2 and Note 2 that immediately
follows the Category 5 Part 1—
Telecommunications heading to read as
follows:
PO 00000
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CATEGORY 5—TELECOMMUNICATIONS
AND ‘‘INFORMATION SECURITY’’
Part I—TELECOMMUNICATIONS
Notes:
1. The control status of ‘‘parts,’’
‘‘components,’’ test and ‘‘production’’
equipment, and ‘‘software’’ therefor which
are specially designed for
telecommunications equipment or systems is
determined in Category 5, Part 1.
*
*
*
*
*
N.B.2.: See also Category 5, Part 2 for
equipment, ‘‘parts,’’ ‘‘components’’ and
‘‘software,’’ performing or incorporating
‘‘information security’’ functions.
2. ‘‘Digital computers,’’ related equipment
or ‘‘software,’’ when essential for the
operation and support of telecommunications
equipment described in this Category, are
regarded as specially designed ‘‘parts’’ and
‘‘components,’’ provided they are the
standard models customarily supplied by the
manufacturer. This includes operation,
administration, maintenance, engineering or
billing computer systems.
*
*
*
*
*
141. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 1—
Telecommunications, Export Control
Classification Number (ECCN) 5A001 is
amended:
a. By revising the heading;
b. By revising ‘‘Unit’’ paragraph in the
List of Items Controlled section;
c. By revising ‘‘Related Controls’’
paragraph in the List of Items Controlled
section; and
d. By revising the introductory text to
‘‘items’’ paragraph b, e, and f to read as
follows:
5A001 Telecommunications systems,
equipment, ‘‘parts,’’ ‘‘components’’ and
accessories, as follows (see List of Items
Controlled).
*
*
*
*
*
List of Items Controlled
Unit: Equipment or antennae in number;
cable and fiber in meters/feet, ‘‘parts,’’
‘‘components’’ and accessories in $ value
Related Controls: (1) Telecommunications
equipment defined in 5A001.a.1 through
5A001.a.3 for use on board satellites is
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130). (2) Direction finding
equipment defined in 5A001.e is ‘‘subject
to the ITAR’’ (see 22 CFR parts 120 through
130). (3) See also 5A101 and 5A991.
*
*
*
*
*
*
*
*
*
Items:
*
b. Telecommunication systems and
equipment, and specially designed ‘‘parts,’’
‘‘components’’ and accessories therefor,
having any of the following characteristics,
functions or features:
*
*
*
*
*
e. Radio direction finding equipment
operating at frequencies above 30 MHz and
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having all of the following, and specially
designed ‘‘parts’’ and ‘‘components’’ therefor:
*
*
*
*
*
f. Jamming equipment specially designed
or modified to intentionally and selectively
interfere with, deny, inhibit, degrade or
seduce mobile telecommunication services
and perform any of the following, and
specially designed ‘‘parts’’ and
‘‘components’’ therefor:
*
*
*
*
*
142. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 1—
Telecommunications, Export Control
Classification Number (ECCN) 5A980 is
amended by revising the heading to read
as follows:
5A980 Devices primarily useful for the
surreptitious interception of wire, oral,
or electronic communications, other
than those controlled under 5A001.i;
and ‘‘parts,’’ ‘‘components’’ and
accessories therefor.
*
*
*
*
*
143. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 1—
Telecommunications, Export Control
Classification Number (ECCN) 5A991 is
amended:
a. By revising the heading;
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section;
c. By revising the introductory text to
‘‘items’’ paragraphs b and c in the List
of Items Controlled section; and
d. By revising ‘‘items’’ paragraph c.1,
f, g, and h in the List of Items Controlled
section to read as follows:
5A991 Telecommunication equipment, not
controlled by 5A001 (see List of Items
Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) Telecommunication
equipment defined in 5A991 for use on
board satellites is ‘‘subject to the ITAR’’
(see 22 CFR parts 120 through 130). (2) See
also 5E101 and 5E991.
*
*
*
*
*
*
*
*
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*
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*
c. ‘‘Stored program controlled’’ switching
equipment and related signaling systems,
having any of the following characteristics,
functions or features, and specially designed
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*
*
*
*
f. Phased array antennas, operating above
10.5 GHz, containing active elements and
distributed ‘‘parts’’ or ‘‘components,’’ and
designed to permit electronic control of beam
shaping and pointing, except for landing
systems with instruments meeting
International Civil Aviation Organization
(ICAO) standards (microwave landing
systems (MLS)).
g. Mobile communications equipment,
n.e.s., and ‘‘parts,’’ electronic assemblies and
‘‘components’’ therefor; or
h. Radio relay communications equipment
designed for use at frequencies equal to or
exceeding 19.7 GHz and ‘‘parts’’ and
‘‘components’’ therefor, n.e.s.
144. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 1—
Telecommunications, Export Control
Classification Number (ECCN) 5B001 is
amended:
a. By revising the heading;
b. By revising the Special Conditions
for License Exception STA paragraph
section;
c. By revising ‘‘Unit’’ paragraph in the
List of Items Controlled section; and
d. By revising the introductory text to
‘‘items’’ paragraph a and b to read as
follows:
5B001 Telecommunication test, inspection
and production equipment, ‘‘parts,’’
‘‘components’’ and accessories, as
follows (See List of Items Controlled).
*
*
*
*
*
Special Conditions for License Exception
STA
License Exception STA may not be used to
ship 5B001.a equipment and specially
designed ‘‘parts,’’ ‘‘components’’ or
accessories therefor, specially designed for
the ‘‘development,’’ ‘‘production’’ or ‘‘use’’ of
equipment, functions or features specified by
in ECCN 5A001.b.3, .b.5 or .h to any of the
eight destinations listed in § 740.20(c)(2) of
the EAR.
*
b. Telecommunication transmission
equipment and systems, and specially
designed ‘‘parts,’’ ‘‘components’’ and
accessories therefor, having any of the
following characteristics, functions or
features:
*
*
List of Items Controlled
Unit: Equipment in number; ‘‘parts,’’
‘‘components’’ and accessories in $ value
*
Items:
*
‘‘parts,’’ ‘‘components’’ and accessories
therefor:
Note: * * *
c.1. ‘‘Data (message) switching’’ equipment
or systems designed for ‘‘packet-mode
operation’’ and ‘‘parts,’’ electronic assemblies
and ‘‘components’’ therefor, n.e.s.
Jkt 229001
*
*
*
*
Items:
a. Equipment and specially designed
‘‘parts,’’ ‘‘components’’ or accessories
therefor, specially designed for the
‘‘development,’’ ‘‘production’’ or ‘‘use’’ of
equipment, functions or features, controlled
by 5A001.
*
*
*
*
*
b. Equipment and specially designed
‘‘parts,’’ ‘‘components’’ or accessories
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71241
therefor, specially designed for the
‘‘development’’ of any of the following
telecommunication transmission or
switching equipment:
*
*
*
*
*
145. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 1—
Telecommunications, Export Control
Classification Number (ECCN) 5D001 is
amended by revising the License
Exception TSR paragraph in the License
Exceptions section to read as follows:
5D001 ‘‘Software’’ as follows (see List of
Items Controlled).
*
*
*
*
*
License Exceptions
*
*
*
*
*
TSR: Yes, except for exports and reexports to
destinations outside of those 36 countries
listed in § 740.20(c)(1) (License Exception
STA) of ‘‘software’’ controlled by 5D001.a
and specially designed for items controlled
by 5A001.b.5 and 5A001.h.
*
*
*
*
*
146. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 1—
Telecommunications, Export Control
Classification Number (ECCN) 5D101 is
amended by revising the heading to read
as follows:
5D101 ‘‘Software’’ specially designed or
modified for the ‘‘use’’ of equipment
controlled by 5A101.
*
*
*
*
*
147. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 1—
Telecommunications, Export Control
Classification Number (ECCN) 5D991 is
amended by revising the heading to read
as follows:
5D991 ‘‘Software’’ specially designed or
modified for the ‘‘development,’’
‘‘production’’ or ‘‘use’’ of equipment
controlled by 5A991 and 5B991, and
dynamic adaptive routing software as
described as follows (see List of Items
Controlled).
*
*
*
*
*
148. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 1—
Telecommunications, Export Control
Classification Number (ECCN) 5E001 is
amended:
a. By revising the introductory text of
the License Exception TSR paragraph in
the License Exceptions section;
b. By revising ‘‘Related Controls’’
paragraph in the List of Items Controlled
section; and
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c. By revising the introductory text to
‘‘items’’ paragraph e in the list of Items
Controlled section to read as follows:
5E001 ‘‘Technology’’ as follows (see List of
Items Controlled).
*
*
*
*
*
License Exceptions
*
*
*
*
*
Information Security, Export Control
Classification Number (ECCN) 5A002 is
amended:
a. By revising the heading:
b. By revising the License Exception
LVS paragraph in the License
Exceptions section; and
c. By revising the introductory text to
‘‘items’’ paragraph a to read as follows:
TSR: Yes, except for exports and reexports to
destinations outside of those 36 countries
listed in § 740.20(c)(1) (License Exception
STA) of ‘‘technology’’ controlled by
5E001.a for the ‘‘development’’ or
‘‘production’’ of the following:
5A002 ‘‘Information security’’ systems,
equipment, ‘‘parts’’ and ‘‘components’’
therefor, as follows (see List of Items
Controlled).
*
License Exceptions
LVS: Yes: $500 for ‘‘parts’’ and
‘‘components’’. N/A for systems and
equipment.
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) Technology defined in
5E001.b.1, 5E001.b.2, 5E001.b.4, or 5E001.c
for use on board satellites is ‘‘subject to
ITAR’’ (see 22 CFR parts 120 through 130).
(2) See also 5E101, 5E980 and 5E991.
*
*
*
*
*
*
*
*
*
e. ‘‘Technology’’ according to the General
Technology Note for the ‘‘development’’ or
‘‘production’’ of electronic devices and
circuits, specially designed for
telecommunications and containing ‘‘parts’’
or ‘‘components’’ manufactured from
‘‘superconductive’’ materials, specially
designed for operation at temperatures below
the ‘‘critical temperature’’ of at least one of
the ‘‘superconductive’’ constituents and
having any of the following:
*
*
*
*
*
149. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 2—
Telecommunications is amended by
revising the ‘‘Note’’ 1 and ‘‘Note’’ 4
paragraph 2 that immediately follows
the Category 5 Part II—‘‘INFORMATION
SECURITY’’ heading to read as follows:
CATEGORY 5—TELECOMMUNICATIONS
AND ‘‘INFORMATION SECURITY’’
Part II—‘‘INFORMATION SECURITY’’
Note 1: The control status of ‘‘information
security’’ equipment, ‘‘software,’’ systems,
application specific ‘‘electronic assemblies,’’
modules, integrated circuits, ‘‘parts,’’
‘‘components’’ or functions is determined in
Category 5, part 2 even if they are ‘‘parts,’’
‘‘components’’ or ‘‘electronic assemblies’’ of
other equipment.
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
*
*
*
*
*
*
*
Note 4: * * *
*
*
*
*
*
*
*
*
*
*
*
*
List of Items Controlled
*
6A001 Acoustic systems, equipment, and
‘‘parts’’ and ‘‘components,’’ as follows
(see List of Items Controlled).
*
*
*
*
*
a. Systems, equipment, application specific
‘‘electronic assemblies,’’ modules and
integrated circuits for ‘‘information security,’’
as follows, and ‘‘parts’’ and ‘‘components’’
therefor specially designed for ‘‘information
security’’:
*
*
*
*
*
151. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 2—
Information Security, Export Control
Classification Number (ECCN) 5A992 is
amended by revising ‘‘items’’ paragraph
b to read as follows:
5A992
*
*
Equipment not controlled by 5A002.
*
*
*
*
*
*
*
*
b. ‘‘Information security’’ equipment,
n.e.s., (e.g., cryptographic, cryptanalytic, and
cryptologic equipment, n.e.s.) and ‘‘parts’’
and ‘‘components’’ therefor.
*
*
*
*
*
152. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 2—
Information Security, Export Control
Classification Number (ECCN) 5D992 is
amended by revising the heading to read
as follows:
*
Jkt 229001
*
*
*
*
153. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 2—
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*
List of Items Controlled
*
*
*
*
*
Items:
a. Marine acoustic systems, equipment and
specially designed ‘‘parts’’ and
‘‘components’’ therefor, as follows:
a.1. Active (transmitting or transmitting
and receiving) systems, equipment and
specially designed ‘‘parts’’ and
‘‘components’’ therefor, as follows:
*
*
*
*
*
a.1.d. Acoustic systems and equipment,
designed to determine the position of surface
vessels or underwater vehicles and having all
of the following, and specially designed
‘‘parts’’ and ‘‘components’’ therefor:
*
*
*
*
*
*
*
15:13 Nov 28, 2012
*
*
Items:
*
*
a.2. Passive systems, equipment and
specially designed ‘‘parts’’ and
‘‘components’’ therefor, as follows:
List of Items Controlled
*
*
*
5D992 ‘‘Information Security’’ ‘‘software’’
not controlled by 5D002 as follows (see
List of Items Controlled).
VerDate Mar<15>2010
*
*
*
*
154. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A001 is
amended:
a. By revising the heading: and
b. By revising the introductory text to
‘‘items’’ paragraph a, a.1, a.1.d, and a.2
and the ‘‘Note’’ to a.2.f to read as
follows:
*
2. A computer, including operating
systems, ‘‘parts’’ and ‘‘components’’ therefor;
*
*
*
*
150. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 2—
*
*
Items:
*
5E992 ‘‘Information Security’’
‘‘technology’’ according to the General
Technology Note, not controlled by
5E002, as follows (see List of Items
Controlled).
*
*
*
Items:
*
*
Information Security, Export Control
Classification Number (ECCN) 5E992 is
amended by revising the heading to read
as follows:
Sfmt 4702
*
*
*
*
Note: 6A001.a.2 also applies to receiving
equipment, whether or not related in normal
application to separate active equipment, and
specially designed ‘‘parts’’ and
‘‘components’’ therefor.
*
*
*
*
*
155. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A002 is
amended:
a. By revising the heading;
b. By revising the Special Conditions
for License Exception STA section; and
c. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section; and
d. By revising the introductory text to
‘‘items’’ paragraphs a.2, a.2.c and d to
read as follows:
6A002 Optical sensors and equipment,
‘‘parts’’ and ‘‘components’’ therefore, as
follows (see List of Items Controlled).
*
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*
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Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Proposed Rules
71243
Special Conditions for License Exception
STA
License Exception STA may not be used to
ship to any of the eight destinations listed in
§ 740.20(c)(2) of the EAR any commodity in:
6A002.a.1.a or .b.
Slovakia, Slovenia, South Africa, South
Korea Spain, Sweden, Switzerland, Turkey,
or the United Kingdom, must be reported to
BIS.
having a coefficient of linear thermal
expansion equal to or less than 5 × 10¥6 in
any coordinate direction;
*
*
*
d.1. Equipment specially designed to
maintain the surface figure or orientation of
the ‘‘space-qualified’’ ‘‘parts’’ and
‘‘components’’ controlled by 6A004.c.1 or
6A004.c.3;
*
*
*
*
List of Items Controlled
Unit: * * *
Related Controls: (1) The following
commodities are ‘‘subject to the ITAR’’ (see
22 CFR parts 120 through 130): (a) ‘‘Image
intensifiers’’ defined in 6A002.a.2 and
‘‘focal plane arrays’’ defined in 6A002.a.3
specially designed, modified, or configured
for military use and not part of civil
equipment; (b) ‘‘Space qualified’’ solidstate detectors defined in 6A002.a.1,
‘‘space qualified’’ imaging sensors (e.g.,
‘‘monospectral imaging sensors’’ and
‘‘multispectral imaging sensors’’) defined
in 6A002.b.2.b.1, and ‘‘space qualified’’
cryocoolers defined in 6A002.d.1, unless,
on or after September 23, 2002, the
Department of State issues a commodity
jurisdiction determination indicating the
commodity is subject to the EAR. (2) See
also 6A102, 6A202, and 6A992.
Note: * * *
Related Definitions: N/A
Items:
*
*
*
*
*
*
*
*
a.2.c. Specially designed ‘‘parts’’ and
‘‘components,’’ as follows:
*
*
*
*
*
d. Special support ‘‘parts’’ and
‘‘components’’ for optical sensors, as follows:
*
*
*
*
*
156. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A003 is
amended:
a. By revising the heading:
b. By adding a Reporting
Requirements section after the License
Requirements section; and
c. By revising the introductory text to
‘‘items’’ paragraph a to read as follows:
6A003 Cameras, systems or equipment,
‘‘parts’’ and ‘‘components’’ therefore, as
follows (see List of Items Controlled).
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
*
*
*
*
*
Reporting Requirements
See § 743.3 of the EAR for thermal camera
reporting for exports that are not authorized
by an individually validated license of
thermal imaging cameras controlled by ECCN
6A003.b.4.b to Albania, Australia, Austria,
Belgium, Bulgaria, Croatia, Cyprus, Czech
Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Iceland, Ireland,
Italy, Japan, Latvia, Lithuania, Luxembourg,
Malta, the Netherlands, New Zealand,
Norway, Poland, Portugal, Romania,
VerDate Mar<15>2010
15:13 Nov 28, 2012
*
*
*
List of Items Controlled
*
*
*
*
Items:
a. Instrumentation cameras and specially
designed ‘‘parts’’ and ‘‘components’’ therefor,
as follows:
*
*
*
*
*
157. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A004 is
amended:
a. By revising the heading;
b. By revising the ‘‘Related Controls’’
paragraph (2) in the List of Items
Controlled section; and
c. By revising ‘‘items’’ paragraph a.1
in the List of Items Controlled section;
d. By revising the introductory text of
paragraph b in the List of Items
Controlled section;
e. By revising the introductory text of
paragraph c in the List of Items
Controlled section; and
f. By revising paragraphs c.1, c.4, and
d.1 to read as follows:
*
*
*
*
*
*
*
*
*
*
158. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A005 is
amended:
a. By revising the heading;
b. By adding a heading Note;
c. By revising the ‘‘Related Controls’’
paragraph (6) in the List of Items
Controlled section;
d. By revising the ‘‘Note’’ to ‘‘items’’
paragraph a.6.b; and
e. By revising ‘‘items’’ paragraphs e
and f.3 to read as follows:
Jkt 229001
6A004 Optical equipment, ‘‘parts’’ and
‘‘components,’’ as follows (see List of
Items Controlled).
6A005 ‘‘Lasers,’’ ‘‘parts,’’ ‘‘components’’
and optical equipment, as follows (see
List of Items Controlled).
HEADING NOTE: This entry does not
control ‘‘lasers’’ or ‘‘laser’’ systems for the
separation of uranium isotopes with a
spectrum frequency stabilizer for operation
over extended periods of time that are subject
to the export licensing authority of the
Nuclear Regulatory Commission (see 10 CFR
part 110).
*
*
a. * * *
a.2. Image intensifier tubes and specially
designed ‘‘parts’’ and ‘‘components’’ therefor,
as follows:
*
*
*
*
*
*
*
*
*
*
List of Items Controlled
Unit: ***
Related Controls: * * * (2) ‘‘Space qualified’’
‘‘parts’’ and ‘‘components’’ for optical
systems defined in 6A004.c and optical
control equipment defined in 6A004.d.1
are ‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130). * * *
Related Definitions: * * *
Items:
*
*
List of Items Controlled
Items:
*
*
*
*
a.1. ‘‘Deformable mirrors’’ having either
continuous or multi element surfaces, and
specially designed ‘‘parts’’ and
‘‘components’’ therefor, capable of
dynamically repositioning portions of the
surface of the mirror at rates exceeding 100
Hz;
*
*
*
*
*
b. Optical ‘‘parts’’ and ‘‘components’’ made
from zinc selenide (ZnSe) or zinc sulphide
(ZnS) with transmission in the wavelength
range exceeding 3,000 nm but not exceeding
25,000 nm and having any of the following:
*
*
*
*
*
c. ‘‘Space-qualified’’ ‘‘parts’’ and
‘‘components’’ for optical systems, as
follows:
c.1. ‘‘Parts’’ and ‘‘components’’
lightweighted to less than 20% ‘‘equivalent
density’’ compared with a solid blank of the
same aperture and thickness;
*
*
*
*
*
c.4. ‘‘Parts’’ and ‘‘components’’
manufactured from ‘‘composite’’ materials
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*
*
*
*
*
Related Controls: * * * (6) Shared aperture
optical elements, capable of operating in
‘‘super-high power laser’’ applications, and
‘‘lasers’’ specifically designed, modified, or
configured for military application are
‘‘subject to ITAR’’ (see 22 CFR parts 120
through 130).
*
*
*
*
*
*
*
*
*
*
a.6.b.2. * * *
Note: 6A005.a.6.b does not control
multiple transverse mode, industrial ‘‘lasers’’
with output power exceeding 2kW and not
exceeding 6 kW with a total mass greater
than 1,200 kg. For the purpose of this note,
total mass includes all ‘‘parts’’ and
‘‘components’’ required to operate the
‘‘laser,’’ e.g., ‘‘laser,’’ power supply, heat
exchanger, but excludes external optics for
beam conditioning and/or delivery.
*
*
*
*
*
e. ‘‘Parts’’ and ‘‘components’’ as follows:
e.1. Mirrors cooled either by ‘active
cooling’ or by heat pipe cooling;
Technical Note: ‘Active cooling’ is a
cooling technique for optical ‘‘parts’’ and
‘‘components’’ using flowing fluids within
the subsurface (nominally less than 1 mm
below the optical surface) of the optical
‘‘part’’ or ‘‘component’’ to remove heat from
the optic.
e.2. Optical mirrors or transmissive or
partially transmissive optical or electro-
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Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Proposed Rules
usable in protecting ‘‘missiles’’ against
nuclear effects (e.g., Electromagnetic
Pulse (EMP), X-rays, combined blast and
thermal effects), and usable for
‘‘missiles’’. (These items are ‘‘subject to
the ITAR.’’ See 22 CFR parts 120
through 130.)
optical ‘‘parts’’ and ‘‘components,’’ specially
designed for use with controlled ‘‘lasers’’;
*
*
*
*
*
f.3. Optical equipment, and ‘‘parts’’ and
‘‘components,’’ specially designed for a
phased array ‘‘SHPL’’ system for coherent
beam combination to an accuracy of l/10 at
the designed wavelength, or 0.1 mm,
whichever is the smaller;
*
*
*
*
*
*
*
*
*
159. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A006 is
amended by revising the heading to read
as follows:
6A006 ‘‘Magnetometers,’’ ‘‘magnetic
gradiometers,’’ ‘‘intrinsic magnetic
gradiometers,’’ underwater electric field
sensors, ‘‘compensation systems’’ as
follows (see List of Items Controlled),
and specially designed ‘‘parts’’ and
‘‘components’’ therefor.
6A107 Gravity meters (gravimeters) and
specially designed ‘‘parts’’ and
‘‘components’’ for gravity meters and
gravity gradiometers, as follows (see List
of Items Controlled).
*
*
*
*
*
160. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A008 is
amended by revising the heading to read
as follows:
6A008 Radar systems, equipment and
assemblies, having any of the following
(see List of Items Controlled), and
specially designed ‘‘parts’’ and
‘‘components’’ therefor.
*
*
*
*
*
161. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A102 is
amended by revising the ‘‘Unit’’
paragraph in the List of Items Controlled
section to read as follows:
6A102 Radiation hardened detectors, other
than those controlled by 6A002,
specially designed or modified for
protecting against nuclear effects (e.g.,
Electromagnetic Pulse (EMP), X-rays,
combined blast and thermal effects) and
usable for ‘‘missiles,’’ designed or rated
to withstand radiation levels which
meet or exceed a total irradiation dose
of 5 μ 105 rads (silicon).
*
*
*
*
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
*
*
*
*
*
162. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A103 is
amended by revising the heading to read
as follows:
6A103 Radomes designed to withstand a
combined thermal shock greater than
100 cal/sq cm accompanied by a peak
over pressure of greater than 50 kPa,
15:13 Nov 28, 2012
Jkt 229001
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
*
*
Items:
*
b. Specially designed ‘‘parts’’ and
‘‘components’’ for gravity meters controlled
in 6A007.b or 6A107.a and gravity
gradiometers controlled in 6A007.c.
*
*
*
*
*
164. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A108 is
amended by revising the ‘‘Related
Controls’’ paragraph (2) in the List of
Items Controlled section to read as
follows:
6A108 Radar systems and tracking
systems, other than those controlled by
6A008, as follows (see List of Items
Controlled).
*
*
*
*
*
List of Items Controlled
Unit: * * *
Related Controls: *** (2) Items in 6A108.a
that are specially designed or modified for
‘‘missiles’’ or for items on the U.S.
Munitions List are ‘‘subject to the ITAR’’
(see 22 CFR parts 120 through 130).
*
*
List of Items Controlled
Unit: ‘‘Parts’’ and ‘‘components’’ in number
VerDate Mar<15>2010
*
*
*
*
*
6A203 Cameras and ‘‘parts’’ and
‘‘components,’’ other than those
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*
*
*
*
List of Items Controlled
Unit: Equipment, ‘‘parts’’ and ‘‘components’’
in number
*
*
*
*
*
*
*
*
Items:
*
a. Mechanical rotating mirror cameras, as
follows, and specially designed ‘‘parts’’ and
‘‘components’’ therefor:
*
*
*
*
*
Note: ‘‘Parts’’ and ‘‘components’’ of
cameras controlled by 6A203.a include their
synchronizing electronics units and rotor
assemblies consisting of turbines, mirrors
and bearings.
*
*
*
*
*
166. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A205 is
amended by revising the heading to read
as follows:
6A205 ‘‘Lasers,’’ ‘‘laser’’ amplifiers and
oscillators, other than lasers used in
plants for the separation of isotopes of
‘‘natural uranium’’ and ‘‘depleted
uranium,’’ ‘‘special fissile materials’’
and ‘‘other fissile materials,’’ and
specially designed or prepared
equipment, ‘‘parts’’ and ‘‘components’’
therefor that are subject to the export
licensing authority of the Nuclear
Regulatory Commission (see 10 CFR
part 110) or 6A005, as follows (see List
of Items Controlled).
*
*
*
*
*
167. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A225 is
amended by revising the ‘‘Unit’’
paragraph in the List of Items Controlled
section to read as follows:
6A225 Velocity interferometers for
measuring velocities exceeding 1 km/s
during time intervals of less than 10
microseconds.
*
*
*
*
*
List of Items Controlled
165. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A203 is
amended:
a. By revising the heading;
b. By revising the ‘‘unit’’ paragraph in
the List of Items Controlled section; and
c. By revising the introductory text to
‘‘items’’ paragraph a and the Note to
paragraph a to read as follows:
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*
*
163. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A107 is
amended:
a. By revising the heading; and
b. By revising ‘‘items’’ paragraph b to
read as follows:
*
controlled by 6A003, as follows (see List
of Items Controlled).
Unit: Equipment in number
*
*
*
*
*
168. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A226 is
amended by revising the ‘‘Unit’’
paragraph in the List of Items Controlled
section to read as follows:
6A226 Pressure sensors, as follows (see List
of Items Controlled).
*
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Unit: Equipment in number
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169. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A991 is
amended by revising the heading to read
as follows:
6A991 Marine or terrestrial acoustic
equipment, n.e.s., capable of detecting or
locating underwater objects or features
or positioning surface vessels or
underwater vehicles; and specially
designed ‘‘parts’’ and ‘‘components,’’
n.e.s.
*
*
*
*
*
170. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A992 is
amended:
a. By revising the heading to read;
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section; and
c. By revising the introductory text to
‘‘items’’ paragraph a to read as follows:
6A992 Optical Sensors, not controlled by
6A002, as follows (see List of Items
Controlled).
*
*
*
*
*
List of Items Controlled
Unit: Equipment in number; ‘‘parts,’’
‘‘components’’ and accessories in $ value
*
*
*
*
*
*
*
*
*
Items:
*
c. By revising the ‘‘Note’’ following
‘‘items’’ paragraph e.2.b to read as
follows:
6A995 ‘‘Lasers’’ as follows (see List of
Items Controlled).
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
171. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A994 is
amended:
a. By revising the heading; and
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section to
read as follows:
6A994 Optics, not controlled by 6A004, as
follows (see List of Items Controlled).
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
b. ‘‘Superconductive’’ electromagnetic
sensors, ‘‘parts’’ and ‘‘components’’
manufactured from ‘‘superconductive’’
materials:
*
*
*
*
*
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
6A997 Gravity meters (gravimeters) for
ground use, n.e.s., as follows (see List of
Items Controlled).
*
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*
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175. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A998 is
amended:
a. By revising the heading; and
b. By revising ‘‘items’’ paragraph a to
read as follows:
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176. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6B008 is
amended by revising the heading to read
as follows:
6B008 Pulse radar cross section
measurement systems having transmit
pulse widths of 100 ns or less, and
specially designed ‘‘parts’’ and
‘‘components’’ therefor.
*
*
*
*
*
177. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6– Sensors and Lasers, Export Control
Classification Number (ECCN) 6B995 is
amended:
a. By revising the heading, and
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section to
read as follows:
*
*
*
*
*
List of Items Controlled
Unit: Equipment in number; ‘‘parts,’’
‘‘components’’ and accessories in $ value
*
174. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A997 is
amended by revising the heading to read
as follows:
List of Items Controlled
Unit: Equipment in number
172. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A995 is
amended:
a. By revising the heading;
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section; and
*
6B995 Specially designed or modified
equipment (see List of Items Controlled),
including tools, dies, fixtures or gauges,
and other specially designed ‘‘parts,’’
‘‘components’’ and accessories therefor
as follows (see List of Items Controlled).
Items:
*
*
*
List of Items Controlled
Unit: Equipment in number
*
*
a. Airborne radar equipment, n.e.s., and
specially designed ‘‘parts’’ and
‘‘components’’ therefor.
a. Image intensifier tubes and specially
designed ‘‘parts’’ and ‘‘components’’ therefor,
as follows:
*
*
*
6A996 ‘‘Magnetometers’’ not controlled by
ECCN 6A006, ‘‘Superconductive’’
electromagnetic sensors as follows (see
List of Items Controlled), and specially
designed ‘‘parts’’ and ‘‘components’’
therefor.
*
*
*
173. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A996 is
amended:
a. By revising the heading; and
b. By revising the introductory text to
‘‘Items’’ paragraph b to read as follows:
*
*
Items:
e.2.b. * * *
Note: 6A995.e.2.b does not control
multiple transverse mode, industrial ‘‘lasers’’
with output power less than or equal to 2kW
with a total mass greater than 1,200kg. For
the purpose of this note, total mass includes
all ‘‘parts’’ and ‘‘components’’ required to
operate the ‘‘laser,’’ e.g., ‘‘laser,’’ power
supply, heat exchanger, but excludes external
optics for beam conditioning and/or delivery.
*
*
*
Items:
*
6A998 Radar systems, equipment and
‘‘major components’’ n.e.s., and
specially designed ‘‘parts’’ and
‘‘components’’ therefor, as follows (see
List of Items Controlled).
List of Items Controlled
List of Items Controlled
Unit: Equipment in number
*
71245
*
*
*
*
178. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6C992 is
amended:
a. By revising the heading; and
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section to
read as follows:
6C992 Optical sensing fibers not controlled
by 6A002.d.3 that are modified
structurally to have a ‘beat length’ of
less than 500 mm (high birefringence) or
optical sensor materials not described in
6C002.b and having a zinc content of
equal to or more than 6% by ‘mole
fraction.’
*
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List of Items Controlled
Unit: Equipment in number
Controls’’ paragraph in the List of Items
Controlled section to read as follows:
*
6D002 ‘‘Software’’ specially designed for
the ‘‘use’’ of equipment controlled by
6A002.b, 6A008 or 6B008.
*
*
*
*
179. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6C994 is
amended:
a. By revising the heading; and
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section to
read as follows:
6C994 Optical materials, as follows (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
Unit: Equipment in number; and accessories
in $ value
*
*
*
*
*
180. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6D001 is
amended:
a. By revising the License Exception
TSR paragraph (3) in the License
Exceptions section; and
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
*
*
*
*
*
List of Items Controlled
Unit: * * *
Related Controls: (1) ‘‘Software’’ specially
designed for the ‘‘use’’ of ‘‘space qualified’’
imaging sensors (e.g., ‘‘monospectral
imaging sensors’’ and ‘‘multispectral
imaging sensors’’) defined in 6A002.b.2.b.1
is ‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130), unless, on or after
September 23, 2002, the Department of
State issues a commodity jurisdiction
determination indicating the ‘‘software’’ is
subject to the EAR. (2) ‘‘Software’’
specially designed for the ‘‘use’’ of ‘‘space
qualified’’ LIDAR equipment specially
designed for surveying or for
meteorological observation, released from
control under the note in 6A008.j, is
controlled in 6D991. (3) See also 6D102,
6D991, and 6D992.
*
*
*
*
*
185. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6D994 is
removed.
186. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6E001 is
amended:
a. By revising the License Exception
TSR paragraph (4) introductory text in
the License Exceptions section; and
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
6E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ of equipment, materials
or ‘‘software’’ controlled by 6A (except
6A991, 6A992, 6A994, 6A995, 6A996,
6A997, or 6A998), 6B (except 6B995), 6C
(except 6C992 or 6C994), or 6D (except
6D991, 6D992, or 6D993).
*
*
*
*
*
License Exceptions
*
*
*
*
*
182. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6D003 is
amended by revising the License
Exception TSR paragraph in the License
Exceptions section to read as follows:
TSR: Yes, except for the following:
6D003 Other ‘‘software’’ as follows (see List
of Items Controlled).
List of Items Controlled
License Exceptions
CIV: * * *
TSR: Yes, except for the following:
*
*
TSR: Yes, except for exports or reexports to
destinations outside of those 36 countries
listed in § 740.20(c)(1) (License Exception
STA) of ‘‘software’’ for items controlled by
6D003.a.
Related Controls: (1) ‘‘Technology’’ according
to the General Technology Note for the
‘‘development’’ of the following
commodities is ‘‘subject to the ITAR’’ (see
22 CFR parts 120 through 130): ‘‘Space
qualified’’ (a) ‘‘Parts’’ and ‘‘components’’
for optical systems defined in 6A004.c and
optical control equipment defined in
6A004.d.1.; (b) Solid-state detectors
defined in 6A002.a.1, ‘‘imaging sensors’’
(e.g., ‘‘monospectral imaging sensors’’ and
‘‘multispectral imaging sensors’’) defined
in 6A002.b.2.b.1, and cryocoolers defined
in 6A002.d.1 unless on or after September
23, 2002, the Department of State issues a
commodity jurisdiction determination
indicating the ‘‘technology’’ is subject to
the EAR. (2) See also 6E101, 6E201, and
6E991.
6D001 ‘‘Software’’ specially designed for
the ‘‘development’’ or ‘‘production’’ of
equipment controlled by 6A004, 6A005,
6A008 or 6B008.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
List of Items Controlled
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
*
*
*
*
*
Related Controls: (1) ‘‘Software’’ specially
designed for the ‘‘development’’ or
‘‘production’’ of ‘‘space qualified’’ ‘‘parts’’
and ‘‘components’’ for optical systems
defined in 6A004.c and ‘‘space qualified’’
optical control equipment defined in
6A004.d.1 is ‘‘subject to the ITAR’’ (see 22
CFR parts 120 through 130). (2) See also
6D991, and ECCN 6E001 (‘‘development’’)
for ‘‘technology’’ for items controlled
under this entry.
*
*
*
*
*
181. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6D002 is
amended by revising the ‘‘Related
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*
*
*
License Exceptions
(3) Exports or reexports to destinations
outside of those 36 countries listed in
§ 740.20(c)(1) (License Exception STA) of
‘‘software’’ specially designed for the
‘‘development’’ or ‘‘production’’ of
equipment controlled by 6A004.c or d,
6A008.d, h, k or 6B008.
*
*
*
*
*
*
*
*
*
*
183. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6D102 is
amended by revising the heading to read
as follows:
6D102 ‘‘Software’’ specially designed or
modified for the ‘‘use’’ of equipment
controlled by 6A108.
*
*
*
*
*
184. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6D993 is
amended by revising the heading to read
as follows:
6D993 Other ‘‘software,’’ not controlled by
6D003, as follows (see List of Items
Controlled).
*
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*
*
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*
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*
*
*
*
*
(4) Exports or reexports to destinations
outside of those 36 countries listed in
§ 740.20(c)(1) (License Exception STA) of
‘‘technology’’ for the ‘‘development’’ of the
following:
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
187. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6E002 is
amended:
a. By revising the License Exception
TSR paragraph (3) introductory text in
the License Exceptions section; and
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
6E002 ‘‘Technology’’ according to the
General Technology Note for the
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‘‘production’’ of equipment or materials
controlled by 6A (except 6A991, 6A992,
6A994, 6A995, 6A996, 6A997 or 6A998),
6B (except 6B995) or 6C (except 6C992
or 6C994).
*
*
*
*
*
License Exceptions
*
*
*
*
*
TSR: Yes, except for the following:
*
*
*
*
*
(3) Exports or reexports to destinations
outside of those 36 countries listed in
§ 740.20(c)(1) (License Exception STA) of
‘‘technology’’ for the ‘‘development’’ of the
following:
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) ‘‘Technology’’ according
to the General Technology Note for the
‘‘production’’ of the following commodities
is ‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130) when intended for use on
a satellite: ‘‘Space qualified’’ (a) ‘‘Parts’’
and ‘‘components’’ for optical systems
defined in 6A004.c and optical control
equipment defined in 6A004.d.1; (b) Solidstate detectors defined in 6A002.a.1,
‘‘imaging sensors’’ (e.g., ‘‘monospectral
imaging sensors’’ and ‘‘multispectral
imaging sensors’’) defined in
6A002.b.2.b.1, and cryocoolers defined in
6A002.d.1 unless on or after September 23,
2002, the Department of State issues a
commodity jurisdiction determination
indicating the ‘‘technology’’ is subject to
the EAR. (2) See also 6E992.
*
*
*
*
*
188. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6E993 is
amended by revising the introductory
text to ‘‘items’’ paragraph a to read as
follows:
6E993 Other ‘‘technology,’’ not controlled
by 6E003, as follows (see List of Items
Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
*
*
Items:
*
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
*
*
*
7A001 Accelerometers as follows (see List
of Items Controlled) and specially
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*
*
*
190. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A002 is amended by revising the
heading to read as follows:
7A002 Gyros or angular rate sensors,
having any of the following (see List of
Items Controlled) and specially designed
‘‘parts’’ and ‘‘components’’ therefor.
*
*
*
*
*
191. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A003 is amended:
a. By revising the heading;
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section; and
c. By revising the introductory text to
‘‘items’’ paragraphs a and c to read as
follows:
7A003 Inertial systems and specially
designed ‘‘parts’’ and ‘‘components,’’ as
follows (see List of Items Controlled).
*
*
*
*
*
*
*
*
*
*
Related Controls: (1) See also 7A103 and
7A994. (2) Inertial Navigation Systems
(INS) and inertial equipment, and specially
designed ‘‘parts’’ and ‘‘components’’
therefor specifically designed, modified or
configured for military use are ‘‘subject to
the ITAR’’ (see 22 CFR parts 120 through
130).
*
*
*
*
*
Items:
a. Inertial Navigation Systems (INS)
(gimballed or strapdown) and inertial
equipment, designed for ‘‘aircraft,’’ land
vehicles, vessels (surface or underwater) or
‘‘spacecraft,’’ for navigation, attitude,
guidance or control and having any of the
following and specially designed ‘‘parts’’ and
‘‘components’’ therefor:
*
*
*
*
*
*
*
*
192. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A004 is amended:
a. By revising the heading; and
b. By revising the ‘‘items’’ paragraph
b in the List of Items Controlled section
to read as follows:
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7A004 ‘Star trackers’ and ‘‘parts and
‘‘components’’ therefor, as follows (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
*
*
Items:
*
b. ‘‘Parts’’ and ‘‘components’’ specially
designed for equipment specified in 7A004.a
as follows:
*
*
*
*
*
193. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A005 is amended:
a. By revising the heading;
b. By revising the License
Requirements section;
c. By revising the ‘‘Related Controls’’
paragraph; and
d. By revising the ‘‘Note’’ to ‘‘items’’
paragraph b in the List of Items
Controlled section to read as follows:
7A005 Global Navigation Satellite Systems
(GNSS) receiving equipment having any
of the following (see List of Items
Controlled) and specially designed
‘‘parts’’ and ‘‘components’’ therefor.
*
*
*
*
*
License Requirements
These items are ‘‘subject to the ITAR’’ (see
22 CFR parts 120 through 130).
List of Items Controlled
*
*
15:13 Nov 28, 2012
*
c. Inertial measurement equipment for
heading or True North determination and
having any of the following, and specially
designed ‘‘parts’’ and ‘‘components’’ therefor:
189. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A001 is amended by revising the
heading to read as follows:
VerDate Mar<15>2010
*
*
a. Optical fabrication technologies for
serially producing optical ‘‘parts’’ and
‘‘components’’ at a rate exceeding 10 m2 of
surface area per year on any single spindle
and having all of the following:
*
designed ‘‘parts’’ and ‘‘components’’
therefor.
71247
List of Items Controlled
*
*
*
*
*
Related Controls: (1) See also 7A105 and
7A994. Typically commercially available
GPS do not employ decryption or adaptive
antenna and are classified as 7A994. (2)
For equipment specially designed for
military use, see Categories XI and XV of
the U.S. Munitions List (22 CFR 121).
*
*
*
*
*
*
*
*
*
Items:
*
b. * * *
Note: 7A005.b does not apply to GNSS
receiving equipment that only uses ‘‘parts’’
and ‘‘components’’ designed to filter, switch,
or combine signals from multiple omnidirectional antennae that do not implement
adaptive antenna techniques.
*
*
*
*
*
194. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A008 is amended by revising the
heading to read as follows:
7A008 Underwater sonar navigation
systems using Doppler velocity or
correlation velocity logs integrated with
a heading source and having a
positioning accuracy of equal to or less
(better) than 3% of distance traveled
‘‘Circular Error Probable’’ (‘‘CEP’’) and
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(3) Inertial navigation systems and inertial
equipment, and specially designed ‘‘parts’’
and ‘‘components’’ therefor specifically
designed, modified or configured for
military use are ‘‘subject to the ITAR’’ (see
22 CFR parts 120 through 130).
specially designed ‘‘parts’’ and
‘‘components’’ therefor.
*
*
*
*
*
195. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A101 is amended:
a. By revising the heading; and
b. By revising the introductory text to
‘‘items’’ paragraph a to read as follows:
7A101 Accelerometers, other than those
controlled by 7A001 (see List of Items
Controlled), and specially designed
‘‘parts’’ and ‘‘components’’ therefor.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. Linear accelerometers designed for use
in inertial navigation systems or in guidance
systems of all types, usable in ‘‘missiles’’
having all of the following characteristics,
and specially designed ‘‘parts’’ and
‘‘components’’ therefor:
*
*
*
*
*
196. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A102 is amended by revising the
heading to read as follows:
7A102 Gyros, other than those controlled
by 7A002 (see List of Items Controlled),
and specially designed ‘‘parts’’ and
‘‘components’’ therefor.
*
*
*
*
*
197. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A103 is amended:
a. By revising the heading;
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section; and
c. By revising ‘‘items’’ paragraph a
and b and the introductory text to the
‘‘Technical Note’’ paragraph at the end
of the ‘‘items’’ paragraph in the List of
Items Controlled section to read as
follows:
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
7A103 Instrumentation, navigation
equipment and systems, other than those
controlled by 7A003, and specially
designed ‘‘parts’’ and ‘‘components’’
therefor, as follows (see List of Items
Controlled).
*
*
*
*
*
List of Items Controlled
Unit: * * *
Related Controls: (1) See ECCN 7A003 and
7A994. (2) For rockets, missiles, or
unmanned aerial vehicles controlled under
the U.S. Munitions List (USML), items
described in 7A103.b are ‘‘subject to the
ITAR’’ (see 22 CFR parts 120 through 130).
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*
*
*
*
*
*
*
*
*
Items:
*
a. Inertial or other equipment using
accelerometers or gyros controlled by 7A001,
7A002, 7A101 or 7A102 and systems
incorporating such equipment, and specially
designed ‘‘parts’’ and ‘‘components’’ therefor;
b. Integrated flight instrument systems,
which include gyrostabilizers or automatic
pilots, designed or modified for use in
rockets, missiles, or unmanned aerial
vehicles capable of achieving a ‘‘range’’ equal
to or greater than 300 km, and specially
designed ‘‘parts’’ and ‘‘components’’ therefor.
c. * * *
Technical Note: An ‘integrated navigation
system’ typically incorporates the following
‘‘parts’’ and ‘‘components’’:
*
*
*
*
*
198. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A104 is amended:
a. By revising the heading; and
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
7A104 Gyro-astro compasses and other
devices, other than those controlled by
7A004, which derive position or
orientation by means of automatically
tracking celestial bodies or satellites and
specially designed ‘‘parts’’ and
‘‘components’’ therefor.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: This entry controls
specially designed ‘‘parts’’ and
‘‘components’’ for gyro-astro compasses
and other devices controlled by 7A004.
*
*
*
*
*
199. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A105 is amended by revising the
heading to read as follows:
7A105 Receiving equipment for Global
Navigation Satellite Systems (GNSS)
(e.g. GPS, GLONASS, or Galileo) having
any of the following characteristics, and
specially designed ‘‘parts’’ and
‘‘components’’ therefor. (These items are
‘‘subject to the ITAR.’’ See 22 CFR parts
120 through 130.)
200. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A106 is amended by revising the
heading to read as follows:
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7A106 Altimeters, other than those
controlled by 7A006, of radar or laser
radar type, designed or modified for use
in ‘‘missiles’’. (These items are ‘‘subject
to the ITAR.’’ See 22 CFR parts 120
through 130.)
201. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A107 is amended by revising the
heading to read as follows:
7A107 Three axis magnetic heading
sensors having all of the following
characteristics (see List of Items
Controlled), and specially designed
‘‘parts’’ and ‘‘components’’ therefor.
*
*
*
*
*
202. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A115 is amended by revising the
heading to read as follows:
7A115 Passive sensors for determining
bearing to specific electromagnetic
sources (direction finding equipment) or
terrain characteristics, designed or
modified for use in ‘‘missiles’’. (These
items are ‘‘subject to the ITAR.’’ See 22
CFR parts 120 through 130.)
203. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A116 is amended by revising the
heading to read as follows:
7A116 Flight control systems (hydraulic,
mechanical, electro-optical, or electromechanical flight control systems
(including fly-by-wire systems) and
attitude control equipment) designed or
modified for ‘‘missiles’’. (These items
are ‘‘subject to the ITAR.’’ See 22 CFR
parts 120 through 130.)
204. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A117 is amended by revising the
heading to read as follows:
7A117 ‘‘Guidance sets’’ capable of
achieving system accuracy of 3.33% or
less of the range (e.g., a ‘‘CEP’’ of 10 km
or less at a ‘‘range’’ of 300 km). (These
items are ‘‘subject to the ITAR.’’ See 22
CFR parts 120 through 130.)
205. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A994 is amended:
a. By redesignating the introductory
text of the License Requirement Note in
the License Requirements section as
License Requirement Note 1;
b. By adding a License Requirement
Note 2 in the License Requirements
section; and
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c. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
7A994 Other navigation direction finding
equipment, airborne communication
equipment, all aircraft inertial
navigation systems not controlled under
7A003 or 7A103, and other avionic
equipment, including ‘‘parts’’ and
‘‘components,’’ n.e.s.
License Requirements
*
*
*
*
*
License Requirement Notes
* * *
(2) Typically commercially available GPS
do not employ decryption or adaptive
antenna and are classified as 7A994.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) See also 7A005 and
7A105. (2) QRS11 Micromachined Angular
Rate Sensors are ‘‘subject to the ITAR’’ (see
22 CFR parts 120 through 130), unless the
QRS11–00100–100/101 is integrated into
and included as an integral ‘‘component’’
of a commercial primary or standby
instrument system of the type described in
ECCN 7A994, or aircraft of the type
described in ECCN 9A991 that incorporates
such systems, or is exported solely for
integration into such a system; or the
QRS11–00050–443/569 is integrated into
an automatic flight control system of the
type described in ECCN 7A994, or aircraft
of the type described in ECCN 9A991 that
incorporates such systems, or are exported
solely for integration into such a system.
(See Commodity Jurisdiction requirements
in 22 CFR Parts 121; Category VIII(e),
Note(1).) In the latter case, such items are
subject to the EAR. Technology specific to
the development and production of QRS11
sensors remains ‘‘subject to the ITAR’’ (see
22 CFR parts 120 through 130).
*
*
*
*
*
206. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7B003 is amended by revising the
‘‘Related Controls’’ paragraph (1) in the
List of Items Controlled section to read
as follows:
207. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7B103 is amended by revising the
heading to read as follows:
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
List of Items Controlled
*
*
*
*
*
Related Controls: (1) See also 7B103, (this
entry is ‘‘subject to the ITAR’’ (see 22 CFR
parts 120 through 130)) and 7B994.
*
*
*
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*
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*
*
*
*
7D001 ‘‘Software’’ specially designed or
modified for the ‘‘development’’ or
‘‘production’’ of equipment controlled
by 7A (except 7A994) or 7B (except
7B994).
License Requirements
Reason for Control: * * *
Control(s)
Country chart
*
*
*
*
RS applies to ‘‘softRS Column 1.
ware’’ for inertial
navigation systems,
inertial equipment,
and specially designed ‘‘parts’’ and
‘‘components’’
therefor, for ‘‘civil
aircraft’’.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Frm 00037
Fmt 4701
*
7D101 ‘‘Software’’ specially designed or
modified for the ‘‘use’’ of equipment
controlled by 7A001 to 7A006, 7A101 to
7A107, 7A115, 7A116, 7A117, 7B001,
7B002, 7B003, 7B101, 7B102, or 7B103.
Control(s)
*
*
Country chart
*
*
*
MT Column 1.
*
*
*
*
*
List of Items Controlled
*
*
*
*
Sfmt 4702
*
MT applies to ‘‘software’’ for commodities controlled for
MT reasons.
209. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7D003 is amended by adding a
Reporting Requirements section after
PO 00000
*
210. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7D101 is amended:
a. By revising the MT paragraph in the
Control(s) paragraph of the License
Requirements section; and
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
*
List of Items Controlled
*
*
License Requirements
Reason for Control: * * *
*
*
*
208. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7D001 is amended:
a. By revising the ‘‘RS’’ paragraph in
the License Requirements section; and
b. By revising the ‘‘Related Controls’’
paragraphs (2) and (3) in the List of
Items Controlled section to read as
follows:
*
*
*
Reporting Requirements
See § 743.1 of the EAR for reporting
requirements for exports under License
Exceptions, Special Comprehensive Licenses,
and Validated End-User authorizations.
7B003 Equipment specially designed for
the ‘‘production’’ of equipment
controlled by 7A (except 7A994).
*
7D003 Other ‘‘software’’ as follows (see List
of Items Controlled).
7B103 Specially designed ‘‘production
facilities’’ for equipment controlled by
7A117. (These items are ‘‘subject to the
ITAR.’’ See 22 CFR parts 120 through
130.)
Related Controls: * * * (2) The ‘‘software’’
related to 7A003.b, 7A005, 7A103.b,
7A105, 7A106, 7A115, 7A116, 7A117, or
7B103 is ‘‘subject to the ITAR’’ (see 22 CFR
parts 120 through 130). (3) ‘‘Software’’ for
inertial navigation systems and inertial
equipment, and specially designed ‘‘parts’’
or ‘‘components’’ therefor, not for use on
civil aircraft is ‘‘subject to the ITAR’’ (see
22 CFR parts 120 through 130).
*
the License Requirements section to
read as follows:
*
*
*
*
*
Related Controls: (1) The ‘‘software’’ related
to 7A003.b, 7A005, 7A103.b, 7A105,
7A106, 7A115, 7A116, 7A117, or 7B103 is
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130). (2) ‘‘Software’’ for
inertial navigation systems and inertial
equipment, and specially designed ‘‘parts’’
and ‘‘components’’ therefor, not designed
for use on civil aircraft by civil aviation
authorities of a country listed in Country
Group A:1 is ‘‘subject to the ITAR’’ (see 22
CFR parts 120 through 130).
*
*
*
*
*
211. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7D102 is amended by revising the
‘‘Related Controls’’ paragraph in the List
of Items Controlled section to read as
follows:
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7D102 Integration ‘‘software,’’ as follows
(See List of Items Controlled).
*
*
*
*
*
*
List of Items Controlled
*
*
*
*
Related Controls paragraph of ECCN
7D101, 7D102.a, or 7D103 is ‘‘subject to the
ITAR’’ (see 22 CFR parts 120 through 130).
*
Related Controls: The ‘‘software’’ related to
7A003.b or 7A103.b is ‘‘subject to the
ITAR’’ (see 22 CFR parts 120 through 130).
*
*
*
*
*
212. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7D103 is amended by revising the
heading to read as follows:
7D103 ‘‘Software’’ specially designed for
modelling or simulation of the
‘‘guidance sets’’ controlled by 7A117 or
for their design integration with
‘‘missiles’’. (This entry is ‘‘subject to the
ITAR.’’ See 22 CFR parts 120 through
130.)
213. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7E001 is amended:
a. By revising the RS paragraph in the
License Requirements section;
b. By adding a Reporting
Requirements section after the License
Requirements section; and
c. By revising the ‘‘Related Controls’’
paragraph (2) in the List of Items
Controlled section to read as follows:
7E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ of equipment or
‘‘software,’’ controlled by 7A (except
7A994), 7B (except 7B994) or 7D (except
7D994).
License Requirements
Reason for Control: * * *
*
*
*
*
Control(s)
214. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7E002 is amended:
a. By revising the RS paragraph in the
License Requirements section;
b. By adding a Reporting
Requirements section after the License
Requirements section; and
c. By revising the ‘‘Related Controls’’
paragraph (2) in the List of Items
Controlled section to read as follows:
7E002 ‘‘Technology’’ according to the
General Technology Note for the
‘‘production’’ of equipment controlled
by 7A (except 7A994) or 7B (except
7B994).
License Requirements
Reason for Control: * * *
Control(s)
*
*
Reporting Requirements
See § 743.1 of the EAR for reporting
requirements for exports under License
Exceptions, Special Comprehensive Licenses,
and Validated End-User authorizations.
*
*
*
*
List of Items Controlled
Control(s)
Country chart
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
*
*
*
*
RS applies to ‘‘techRS Column 1
nology’’ for inertial
navigation systems,
inertial equipment,
and specially designed ‘‘parts’’ and
‘‘components’’
therefor, for ‘‘civil
aircraft.’’.
*
*
*
*
*
*
*
*
Reporting Requirements
See § 743.1 of the EAR for reporting
requirements for exports under License
Exceptions, Special Comprehensive Licenses,
and Validated End-User authorizations.
List of Items Controlled
*
*
*
*
*
Related Controls: * * * (2) The ‘‘technology’’
related to 7A003.b, 7A005, 7A103.b,
7A105, 7A106, 7A115, 7A116, 7A117,
7B103, software in 7D101 specified in the
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*
*
*
*
Related Controls: * * * (2) The ‘‘technology’’
related to 7A003.b, 7A005, 7A103.b,
7A105, 7A106, 7A115, 7A116, 7A117, or
7B103 is ‘‘subject to the ITAR’’ (see 22 CFR
parts 120 through 130).
*
*
*
*
215. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7E101 is amended:
a. By revising the RS paragraph in the
License Requirements section; and
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
7E101 ‘‘Technology,’’ according to the
General Technology Note for the ‘‘use’’
of equipment controlled by 7A001 to
7A006, 7A101 to 7A107, 7A115 to
7A117, 7B001, 7B002, 7B003, 7B101,
7B102, 7B103, or 7D101 to 7D103.
PO 00000
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Country chart
*
*
*
*
RS applies to ‘‘techRS Column 1
nology’’ for inertial
navigation systems,
inertial equipment,
and specially designed ‘‘parts’’ and
‘‘components’’
therefor, for ‘‘civil
aircraft.’’.
*
*
*
*
*
*
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: The ‘‘technology’’ related to
7A003.b, 7A005, 7A103.b, 7A105, 7A106,
7A115, 7A116, 7A117, 7B103, software
specified in the Related Controls paragraph
of ECCN 7D101, 7D102.a, or 7D103 is
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130).
*
Country chart
*
*
*
*
RS applies to ‘‘techRS Column 1
nology’’ for inertial
navigation systems,
inertial equipment,
and specially designed ‘‘parts’’ and
‘‘components’’
therefor, for ‘‘civil
aircraft.’’.
*
*
*
*
*
License Requirements
Reason for Control: * * *
*
*
*
*
216. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7E104 is amended by revising the
heading to read as follows:
7E104 Design ‘‘Technology’’ for the
integration of the flight control,
guidance, and propulsion data into a
flight management system, designed or
modified for rockets or missiles capable
of achieving a ‘‘range’’ equal to or
greater than 300km, for optimization of
rocket system trajectory. (This entry is
‘‘subject to the ITAR.’’ See 22 CFR parts
120 through 130.)
217. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7E994 is amended by revising the
‘‘Related Controls’’ paragraph in the List
of Items Controlled section to read as
follows:
7E994 ‘‘Technology,’’ n.e.s., for the
‘‘development,’’ ‘‘production’’ or ‘‘use’’
of navigation, airborne communication,
and other avionics equipment.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: Technology specific to the
development and production of QRS11
sensors remains ‘‘subject to the ITAR’’ (see
22 CFR parts 120 through 130) and (see
ECCN 7A994, Related Controls).
*
*
*
*
*
218. In Supplement No. 1 to part 774
(the Commerce Control List), Category
8—Marine, Export Control Classification
Number (ECCN) 8A002 is amended:
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a. By revising the heading:
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section;
c. By revising the introductory text to
‘‘Items’’ paragraph (a);
d. By revising ‘‘items’’ paragraphs a.4,
o.1.e, and o.2.d to read as follows:
8A002 Marine systems, equipment, ‘‘parts’’
and ‘‘components,’’ as follows (see List
of Items Controlled).
*
*
*
*
*
List of Items Controlled
Unit: Systems and equipment in number,
‘‘parts’’ and ‘‘components’’ in $ value
*
*
*
*
*
Items:
a. Systems, equipment, ‘‘parts’’ and
‘‘components,’’ specially designed or
modified for submersible vehicles and
designed to operate at depths exceeding
1,000 m, as follows:
*
*
*
*
*
*
*
*
*
o.1.e. Power transmission shaft systems
incorporating ‘‘composite’’ material ‘‘parts’’
or ‘‘components’’ and capable of transmitting
more than 1 MW;
*
*
*
*
*
o.2.d. Power transmission shaft systems
incorporating ‘‘composite’’ material ‘‘parts’’
or ‘‘components’’ and capable of transmitting
more than 2 MW;
*
*
*
*
*
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
219. In Supplement No. 1 to part 774
(the Commerce Control List), Category
8—Marine, Export Control Classification
Number (ECCN) 8A918 is removed.
220. In Supplement No. 1 to part 774
(the Commerce Control List), Category
8—Marine, Export Control Classification
Number (ECCN) 8A992 is amended:
a. By revising the heading;
b. By revising the License
Requirements section;
c. By revising ‘‘items’’ paragraphs f
and g; and
c. By adding paragraphs l and m to
the ‘‘items’’ paragraph in the ‘‘List of
Items Controlled’’ section to read as
follows:
8A992 Vessels, marine systems or
equipment, not controlled by 8A001,
8A002 or 8A018, and specially designed
‘‘parts,’’ and ‘‘components’’ therefor,
and marine boilers and ‘‘parts’’ and
‘‘components,’’ accessories, and
attachments therefor (see List of Items
Controlled).
License Requirements
Reason for Control: AT, UN
Control(s)
AT applies to entire
entry.
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UN applies to 8A992.l
and m.
See § 746.1(b) for UN
controls
*
*
*
*
*
*
*
*
*
*
*
*
*
*
f. Vessels, n.e.s., including inflatable boats,
and specially designed ‘‘parts’’ and
‘‘components’’ therefor, n.e.s.;
g. Marine engines (both inboard and
outboard) and submarine engines, n.e.s.; and
specially designed ‘‘parts’’ and
‘‘components’’ therefor, n.e.s.;
*
*
*
*
l. Marine boilers designed to have any of
the following characteristics:
l.1. Heat release rate (at maximum rating)
equal to or in excess of 190,000 BTU per hour
per cubic foot of furnace volume; or
l.2. Ratio of steam generated in pounds per
hour (at maximum rating) to the dry weight
of the boiler in pounds equal to or in excess
of 0.83.
m. Major components, accessories, and
attachments for marine boilers described in
8A992.l.
221. In Supplement No. 1 to part 774
(the Commerce Control List), Category
8—Marine, Export Control Classification
Number (ECCN) 8D001 is amended by
revising the License Exception TSR
paragraph in the License Exceptions
section to read as follows:
8D001 ‘‘Software’’ specially designed or
modified for the ‘‘development’’,
‘‘production’’ or ‘‘use’’ of equipment or
materials, controlled by 8A (except
8A018 or 8A992), 8B or 8C.
*
*
*
*
*
License Exceptions
*
*
*
*
*
TSR: Yes, except for exports or reexports to
destinations outside of those 36 countries
listed in § 740.20(c)(1) (License Exception
STA) of ‘‘software’’ specially designed for
the ‘‘development’’ or ‘‘production’’ of
equipment controlled by 8A001.b,
8A001.d, or 8A002.o.3.b.
*
*
*
*
*
222. In Supplement No. 1 to part 774
(the Commerce Control List), Category
8—Marine, Export Control Classification
Number (ECCN) 8E001 is amended by
revising the License Exception TSR
paragraph in the License Exceptions
section, to read as follows:
8E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ or ‘‘production’’ of
equipment or materials, controlled by
8A (except 8A018 or 8A992), 8B or 8C.
*
*
*
*
*
License Exceptions
PO 00000
*
*
Frm 00039
*
Fmt 4701
*
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TSR: Yes, except for exports or reexports to
destinations outside of those 36 countries
listed in § 740.20(c)(1) (License Exception
STA) of ‘‘software’’ specially designed for
the ‘‘development’’ or ‘‘production’’ of
equipment controlled by 8A001.b,
8A001.d, or 8A002.o.3.b.
*
Items:
*
Jkt 229001
*
List of Items Controlled
*
a.4. ‘‘Parts’’ and ‘‘components’’
manufactured from material specified by
ECCN 8C001;
*
Control(s)
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*
*
*
*
223. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A002 is amended by revising the
heading to read as follows:
9A002 ‘Marine gas turbine engines’ with an
ISO standard continuous power rating
of 24,245 kW or more and a specific fuel
consumption not exceeding 0.219 kg/
kWh in the power range from 35 to
100%, and specially designed
assemblies, ‘‘parts’’ and ‘‘components’’
therefor.
*
*
*
*
*
224. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A003 is amended by revising the
heading to read as follows:
9A003 Specially designed assemblies,
‘‘parts’’ and ‘‘components,’’
incorporating any of the ‘‘technologies’’
controlled by 9E003.a, 9E003.h or
9E003.i, for any of the following gas
turbine engine propulsion systems (see
List of Items Controlled).
*
*
*
*
*
225. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A004 is amended by revising the
‘‘Related Controls’’ paragraphs (2), (4),
(5) and (6) in the List of Items
Controlled section to read as follows:
9A004 Space launch vehicles and
‘‘spacecraft’’.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
Related Controls:
*
*
*
(2) Space launch vehicles are ‘‘subject to
the ITAR’’ (see 22 CFR parts 120 through
130).
*
*
*
*
*
(4) All other ‘‘spacecraft’’ not controlled
under 9A004 and their payloads, and
specifically designed or modified ‘‘parts,’’
‘‘components,’’ accessories, attachments, and
associated equipment, including ground
support equipment, are ‘‘subject to the ITAR’’
(see 22 CFR parts 120 through 130), unless
otherwise transferred to the Department of
Commerce via a commodity jurisdiction
determination by the Department of State.
(5) Exporters requesting a license from the
Department of Commerce for ‘‘spacecraft’’
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and their associated ‘‘parts’’ and
‘‘components,’’ other than the international
space station, must provide a statement from
the Department of State, Directorate of
Defense Trade Controls, verifying that the
item intended for export is under the
licensing jurisdiction of the Department of
Commerce. All specially designed or
modified ‘‘parts,’’ ‘‘components,’’
accessories, attachments, and associated
equipment for ‘‘spacecraft’’ that have been
determined by the Department of State
through the commodity jurisdiction process
to be under the licensing jurisdiction of the
Department of Commerce, and that are not
controlled by any other ECCN on the
Commerce Control List, will be assigned a
classification under this ECCN 9A004.
(6) Technical data required for the detailed
design, development, manufacturing, or
production of the international space station
(to include specifically designed ‘‘parts’’ and
‘‘components’’) remains ‘‘subject to the
ITAR’’ (see 22 CFR parts 120 through 130).
This control by the ITAR of detailed design,
development, manufacturing or production
technology for NASA’s international space
station does not include that level of
technical data necessary and reasonable for
assurance that a U.S.-built item intended to
operate on NASA’s international space
station has been designed, manufactured, and
tested in conformance with specified
requirements (e.g., operational performance,
reliability, lifetime, product quality, or
delivery expectations). All technical data and
all defense services, including all technical
assistance, for launch of the international
space station, including launch vehicle
compatibility, integration, or processing data,
are ‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130).
*
*
*
*
*
226. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A005 is amended by revising the
heading to read as follows:
9A005 Liquid rocket propulsion systems
containing any of the systems, ‘‘parts’’
or ‘‘components,’’ controlled by 9A006.
(These items are ‘‘subject to the ITAR.’’
See 22 CFR parts 120 through 130.)
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
227. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A006 is amended by revising the
heading to read as follows:
9A006 Systems, ‘‘parts’’ and
‘‘components,’’ specially designed for
liquid rocket propulsion systems. (These
items are ‘‘subject to the ITAR.’’ See 22
CFR parts 120 through 130.)
228. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A007 is amended by revising the
heading to read as follows:
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15:13 Nov 28, 2012
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9A007 Solid rocket propulsion systems.
(These items are ‘‘subject to the ITAR.’’
See 22 CFR parts 120 through 130.)
229. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A008 is amended by revising the
heading to read as follows:
9A008 ‘‘Parts’’ and ‘‘components’’ specially
designed for solid rocket propulsion
systems. (These items are ‘‘subject to the
ITAR.’’ See 22 CFR parts 120 through
130.)
230. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A009 is amended by revising the
heading to read as follows:
9A009 Hybrid rocket propulsion systems.
(These items are ‘‘subject to the ITAR.’’
See 22 CFR parts 120 through 130.)
231. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A010 is amended by revising the
heading to read as follows:
9A010 Specially designed ‘‘parts,’’
‘‘components,’’ systems and structures,
for launch vehicles, launch vehicle
propulsion systems or ‘‘spacecraft’’.
(These items are ‘‘subject to the ITAR.’’
See 22 CFR parts 120 through 130.)
232. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A011 is amended by revising the
heading to read as follows:
9A011 Ramjet, scramjet or combined cycle
engines, and specially designed ‘‘parts’’
and ‘‘components’’ therefor. (These
items are ‘‘subject to the ITAR.’’ See 22
CFR parts 120 through 130.)
233. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A012 is amended:
a. By revising the heading;
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section;
c. By revising the introductory text to
‘‘items’’ paragraph b; and
d. By revising paragraph b.3 to read as
follows:
9A012 Non-military ‘‘unmanned aerial
vehicles,’’ (‘‘UAVs’’), associated
‘‘airships,’’ associated systems,
equipment, ‘‘parts’’ and ‘‘components,’’
as follows (see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
Unit: Equipment in number; ‘‘parts,’’
‘‘components’’ and accessories in $ value
*
PO 00000
*
*
Frm 00040
*
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*
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Items:
*
*
*
*
*
b. Associated systems, equipment, and
‘‘parts’’ and ‘‘components,’’ as follows:
*
*
*
*
*
b.3. Equipment, ‘‘parts’’ and ‘‘components’’
specially designed to convert a manned
‘‘aircraft’’ or a manned ‘‘airship’’ to a ‘‘UAV’’
controlled by 9A012.a;
*
*
*
*
*
234. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A101 is amended by revising the
‘‘Related Controls’’ paragraph in the List
of Items Controlled section to read as
follows:
9A101 Turbojet and turbofan engines,
other than those controlled by 9A001, as
follows (see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: 9A101.b controls only
engines for non-military unmanned air
vehicles [UAVs] or remotely piloted
vehicles [RPVs], and does not control other
engines designed or modified for use in
‘‘missiles,’’ which are ‘‘subject to the
ITAR’’ (see 22 CFR parts 120 through 130).
*
*
*
*
*
235. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A103 is amended by revising the
heading to read as follows:
9A103 Liquid propellant tanks specially
designed for the propellants controlled
in ECCNs 1C011, 1C111 or other liquid
propellants used in ‘‘missiles.’’ (These
items are ‘‘subject to the ITAR.’’ See 22
CFR parts 120 through 130.)
236. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A104 is amended by revising the
heading to read as follows:
9A104 Sounding rockets, capable of a
range of at least 300 km. (These items
are ‘‘subject to the ITAR.’’ See 22 CFR
parts 120 through 130.)
237. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A105 is amended by revising the
heading to read as follows:
9A105 Liquid propellant rocket engines.
(These items are ‘‘subject to the ITAR.’’
See 22 CFR parts 120 through 130.)
238. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
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Control Classification Number (ECCN)
9A106 is amended:
a. By revising the heading;
b. By revising the ‘‘Unit’’ in the List
of Items Controlled section;
c. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section; and
d. By revising the introductory text to
‘‘items’’ paragraph d to read as follows:
9A106 Systems, ‘‘parts’’ or ‘‘components,’’
other than those controlled by 9A006,
usable in ‘‘missiles,’’ and specially
designed for liquid rocket propulsion
systems, as follows (see List of Items
Controlled).
*
*
*
*
*
List of Items Controlled
Unit: Equipment, ‘‘parts’’ and ‘‘components’’
in number
Related Controls: Items described in 9A106.a,
.b, and .c are ‘‘subject to the ITAR’’ (see 22
CFR parts 120 through 130).
*
*
*
*
*
*
*
*
*
Items:
*
*
*
*
*
*
239. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A107 is amended by revising the
heading to read as follows:
9A107 Solid propellant rocket motors,
usable in rockets with a range capability
of 300 Km or greater, other than those
controlled by 9A007, having total
impulse capacity equal to or greater
than 8.41 μ 105 Ns, but less than 1.1 μ
106 Ns. (These items are ‘‘subject to the
ITAR.’’ See 22 CFR parts 120 through
130.)
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
240. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A108 is amended by revising the
heading to read as follows:
9A108 Solid rocket propulsion ‘‘parts’’ and
‘‘components,’’ other than those
controlled by 9A008, usable in rockets
with a range capability of 300 Km or
greater. (These items are ‘‘subject to the
ITAR.’’ See 22 CFR parts 120 through
130.)
241. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A109 is amended by revising the
heading to read as follows:
9A109 Hybrid rocket motors, usable in
rockets with a range capability of 300
15:13 Nov 28, 2012
242. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A110 is amended:
a. By revising the heading; and
b. By revising the ‘‘Related Controls’’
paragraph (2) in the List of Items
Controlled section to read as follows:
9A110 Composite structures, laminates and
manufactures thereof, other than those
controlled by entry 9A010, specially
designed for use in rockets, missiles, or
unmanned aerial vehicles capable of
achieving a ‘‘range’’ equal to or greater
than 300km or the subsystems
controlled by entries 9A005, 9A007,
9A105.a, 9A106 to 9A109, 9A116, or
9A119.
*
d. Liquid and slurry propellant (including
oxidizers) control systems, and specially
designed ‘‘parts’’ and ‘‘components’’ therefor,
designed or modified to operate in vibration
environments greater than 10 g rms between
20 Hz and 2000 Hz.
VerDate Mar<15>2010
Km or greater, other than those
controlled by 9A009, and specially
designed ‘‘parts’’ and ‘‘components’’
therefor. (These items are ‘‘subject to the
ITAR.’’ See 22 CFR parts 120 through
130.)
Jkt 229001
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: * * * (2) ‘‘Composite
structures, laminates, and manufactures
thereof, specially designed for use in
missile systems are ‘‘subject to the ITAR’’
(see 22 CFR parts 120 through 130), except
those specially designed for non-military
unmanned air vehicles controlled in
9A012.
*
*
*
*
*
243. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A111 is amended by revising the
heading to read as follows:
9A111 Pulse jet engines, usable in rockets,
missiles, or unmanned aerial vehicles
capable of achieving a ‘‘range’’ equal to
or greater than 300km, and specially
designed ‘‘parts’’ and ‘‘components’’
therefor. (These items are ‘‘subject to the
ITAR.’’ See 22 CFR parts 120 through
130.)
244. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A115 is amended by revising the
heading to read as follows:
9A115 Apparatus, devices and vehicles,
designed or modified for the transport,
handling, control, activation and
launching of rockets, missiles, and
unmanned aerial vehicles capable of
achieving a ‘‘range’’ equal to or greater
than 300 km. (These items are ‘‘subject
to the ITAR.’’ See 22 CFR parts 120
through 130.)
245. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
PO 00000
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71253
Control Classification Number (ECCN)
9A116 is amended by revising the
heading to read as follows:
9A116 Reentry vehicles, usable in
‘‘missiles,’’ and equipment designed or
modified therefor. (These items are
‘‘subject to the ITAR.’’ See 22 CFR parts
120 through 130.)
246. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A117 is amended by revising the
heading to read as follows:
9A117 Staging mechanisms, separation
mechanisms, and interstages therefor,
usable in ‘‘missiles’’. (These items are
‘‘subject to the ITAR.’’ See 22 CFR parts
120 through 130.)
247. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A118 is amended by revising the
heading to read as follows:
9A118 Devices to regulate combustion
usable in engines which are usable in
rockets, missiles, and unmanned aerial
vehicles capable of achieving a ‘‘range’’
equal of 300 Km or greater than 300 Km,
controlled by 9A011 or 9A111. (These
items are ‘‘subject to the ITAR.’’ See 22
CFR parts 120 through 130.)
248. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A119 is amended by revising the
heading to read as follows:
9A119 Individual rocket stages, usable in
rockets with a range capability greater
than 300 Km or greater, other than those
controlled by 9A005, 9A007, 9A009,
9A105, 9A107 and 9A109. (These items
are ‘‘subject to the ITAR.’’ See 22 CFR
parts 120 through 130.)
249. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A120 is amended:
a. By revising the heading;
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section; and
c. By revising the ‘‘Related Controls’’
paragraph to read as follows:
9A120 Complete unmanned aerial vehicles,
not specified in 9A012, having all of the
following characteristics (see List of
Items Controlled).
*
*
*
*
*
List of Items Controlled
Unit: Equipment in number
Related Controls: See ECCN 9A012 or the
U.S. Munitions List Category VIII (22 CFR
part 121). Also see ECCN 2B352.h for
controls on certain spraying or fogging
systems, and ‘‘parts’’ and ‘‘components’’
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therefor, specially designed or modified for
fitting to aircraft, ‘‘lighter than air
vehicles,’’ or ‘‘UAVs.’’
*
*
*
*
*
250. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A980 is amended:
a. By revising the heading; and
b. By adding a heading Note to read
as follows:
9A980 Nonmilitary mobile crime science
laboratories; and accessories, n.e.s.
Heading Note: In order for a vehicle to be
classified as a nonmilitary mobile crime
scene laboratory under ECCN 9A980, the
vehicle must contain one or more analytical
or laboratory items controlled for Crime
Control (CC) reasons on the CCL, such as
ECCNs 3A980 and 3A981.
*
*
*
*
*
251. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A990 is amended:
a. By revising the heading; and
b. By revising ‘‘items’’ paragraphs b
and c to read as follows:
9A990 Diesel engines, n.e.s., and tractors
and specially designed ‘‘parts’’ and
‘‘components’’ therefor, n.e.s. (see List of
Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
*
*
Items:
*
b. Off highway wheel tractors of carriage
capacity 9 mt (20,000 lbs) or more; and
‘‘major components’’ and accessories, n.e.s.
c. On-Highway tractors, with single or
tandem rear axles rated for 9 mt per axel
(20,000 lbs.) or greater and specially designed
‘‘major components’’.
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
*
*
*
*
*
252. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A991 is amended:
a. By revising the heading;
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section; and
c. By revising ‘‘items’’ paragraphs c, d,
and e in the List of Items Controlled
section to read as follows:
9A991 ‘‘Aircraft,’’ n.e.s., and gas turbine
engines not controlled by 9A001 or
9A101 and ‘‘parts’’ and ‘‘components,’’
n.e.s. (see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
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*
*
15:13 Nov 28, 2012
Jkt 229001
Related Controls: QRS11 Micromachined
Angular Rate Sensors are ‘‘subject to the
ITAR’’ (see 22 CFR parts 120 through 130),
unless the QRS11–00100–100/101 is
integrated into and included as an integral
‘‘component’’ of a commercial primary or
standby instrument system of the type
described in ECCN 7A994, or aircraft of the
type described in ECCN 9A991 that
incorporates such a system, or is exported
solely for integration into such a system; or
the QRS11–00050–443/569 is integrated
into an automatic flight control system of
the type described in ECCN 7A994, or
aircraft of the type described in ECCN
9A991 that incorporates such a system, or
are exported solely for integration into
such a system. (See Commodity
Jurisdiction requirements in 22 CFR Part
121; Category VIII(e), Note(1)) In the latter
case, such items are subject to the EAR.
Technology specific to the development
and production of QRS11 sensors remains
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130).
*
*
*
*
*
*
*
*
*
Items:
*
c. Aero gas turbine engines, and ‘‘parts’’
and ‘‘components’’ specially designed
therefor.
*
*
*
*
*
d. ‘‘Parts’’ and ‘‘components’’ specially
designed for ‘‘aircraft’’ subject to the controls
of ECCN 9A991.a or .b., n.e.s.
e. Pressurized aircraft breathing
equipment, n.e.s.; and ‘‘parts’’ and
‘‘components’’ specially designed therefor,
n.e.s.
253. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9– Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9B001 is amended:
a. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section; and
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
9B001 Equipment, tooling and fixtures,
specially designed for manufacturing
gas turbine blades, vanes or ‘‘tip
shroud’’ castings, as follows (see List of
Items Controlled).
*
*
*
*
*
*
*
*
*
254. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9– Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9B002 is amended:
a. By revising the heading; and
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9B002 On-line (real time) control systems,
instrumentation (including sensors) or
automated data acquisition and
processing equipment, having all of the
following (see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. Specially designed for the
‘‘development’’ of gas turbine engines,
assemblies, ‘‘parts’’ or ‘‘components’’; and
*
*
*
*
*
255. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9B003 is amended by revising the
heading to read as follows:
9B003 Equipment specially designed for
the ‘‘production’’ or test of gas turbine
brush seals designed to operate at tip
speeds exceeding 335 m/s, and
temperatures in excess of 773 K (500ßC),
and specially designed ‘‘parts,’’
‘‘components’’ or accessories therefor.
*
*
*
*
*
256. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9– Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9B009 is amended:
a. By revising the heading; and
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
9B009 Tooling specially designed for
producing turbine engine powder
metallurgy rotor ‘‘parts’’ and
‘‘components’’ capable of operating at
stress levels of 60% of Ultimate Tensile
Strength (UTS) or more and metal
temperatures of 873 K (600≥C) or more.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: See ECCN 9B002.
*
List of Items Controlled
Unit: $ value
Related Controls: For specially designed
production equipment of systems, subsystems, ‘‘parts’’ and ‘‘components’’
controlled by 9A005 to 9A009, 9A011,
9A101, 9A105 to 9A109, 9A111, and
9A116 to 9A119 usable in ‘‘missiles’’ see
9B115. See also 9B991.
*
b. By revising ‘‘items’’ paragraph a in
the List of Items Controlled section to
read as follows:
*
*
*
*
257. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9– Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9B010 is amended:
a. By revising the heading; and
b. By revising the ‘‘Unit’’ paragraph in
the List of Items Controlled section to
read as follows:
9B010 Equipment specially designed for
the production of ‘‘UAVs’’ and
associated systems, equipment, ‘‘parts’’
and ‘‘components,’’ controlled by
9A012.
*
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List of Items Controlled
Unit: Equipment in number; ‘‘parts’’ and
‘‘components’’ in $ value
9B990 Vibration test equipment and
specially designed ‘‘parts’’ and
‘‘components,’’ n.e.s.
*
*
*
*
*
*
258. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9B115 is amended:
a. By revising heading;
b. By revising ‘‘Unit’’ paragraph in the
List of Items Controlled section; and
c. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
9B115 Specially designed ‘‘production
equipment’’ for the systems, subsystems, ‘‘parts’’ and ‘‘components’’
controlled by 9A004 to 9A009, 9A011,
9A101, 9A103 to 9A109, 9A111, 9A116
to 9A119.
*
*
*
*
*
List of Items Controlled
Unit: Equipment in number; ‘‘parts’’ and
‘‘components’’ in $ value
Related Controls: Although items described
in ECCNs 9A004 to 9A009, 9A011, 9A101,
9A104 to 9A109; 9A111, 9A116 to 9A119
are ‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130), the ‘‘production
equipment’’ controlled in this entry that is
related to these items is subject to the EAR.
*
*
*
*
*
259. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9B116 is amended:
a. By revising heading;
b. By revising ‘‘Unit’’ paragraph in the
List of Items Controlled section; and
c. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
9B116 Specially designed ‘‘production
facilities’’ for the systems, sub-systems,
‘‘parts’’ and ‘‘components’’ controlled by
9A004 to 9A009, 9A011, 9A012, 9A101,
9A103 to 9A109, 9A111, 9A116 to
9A119.
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
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*
*
*
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List of Items Controlled
Unit: Equipment in number; ‘‘parts’’ and
‘‘components’’ in $ value
Related Controls: Although items described
in ECCNs 9A004 to 9A009, 9A011, 9A101,
9A104 to 9A109; 9A111, 9A116 to 9A119
are ‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130), the ‘‘production
equipment’’ controlled in this entry that is
related to these items is subject to the EAR.
*
*
*
*
*
260. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9— Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9B990 is amended by revising the
heading to read as follows:
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*
261. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9B991 is amended by revising the
heading to read as follows:
9B991 Specially designed equipment,
tooling or fixtures, not controlled by
9B001, as described in the List of Items
Controlled, for manufacturing or
measuring gas turbine blades, vanes or
tip shroud castings as follows (see List
of Items Controlled).
*
*
*
*
*
262. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9D001 is amended by revising the
‘‘Related Controls’’ paragraph in the List
of Items Controlled section to read as
follows:
9D001 ‘‘Software’’ specially designed or
modified for the ‘‘development’’ of
equipment or ‘‘technology,’’ controlled
by 9A (except 9A018, 9A990 or 9A991),
9B (except 9B990 or 9B991) or 9E003.
*
*
*
*
*
*
*
*
*
*
*
*
263. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9D002 is amended by revising the
‘‘Related Controls’’ paragraph in the List
of Items Controlled section to read as
follows:
9D002 ‘‘Software’’ specially designed or
modified for the ‘‘production’’ of
equipment controlled by 9A (except
9A018, 9A990, or 9A991) or 9B (except
9B990 or 9B991).
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) ‘‘Software’’ ‘‘required’’
for the ‘‘production’’ of items controlled by
9A004 is ‘‘subject to the ITAR’’ (see 22 CFR
parts 120 through 130). (2) ‘‘Software’’
‘‘required’’ for the ‘‘production’’ of
equipment or ‘‘technology’’ ‘‘subject to the
ITAR’’ is also ‘‘subject to the ITAR’’ (see 22
CFR parts 120 through 130).
*
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9D003 ‘‘Software’’ incorporating
‘‘technology’’ specified by 9E003.h and
used in ‘‘FADEC Systems’’ for
propulsion systems controlled by 9A
(except 9A018, 9A990 or 9A991) or
equipment controlled by 9B (except
9B990 or 9B991).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: * * * (2) ‘‘Software’’
‘‘required’’ for the ‘‘use’’ of equipment or
‘‘technology’’ ‘‘subject to the ITAR’’ is also
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130).
*
*
*
*
*
265. In Supplement No. 9 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9D004 is amended by revising ‘‘items’’
paragraphs b and e to read as follows:
*
*
Related Controls: (1) ‘‘Software’’ ‘‘required’’
for the ‘‘development’’ of items controlled
by 9A004 is ‘‘subject to the ITAR’’ (see 22
CFR parts 120 through 130). (2) ‘‘Software’’
‘‘required’’ for the ‘‘development’’ of
equipment or ‘‘technology’’ ‘‘subject to the
ITAR’’ is also ‘‘subject to the ITAR’’ (see 22
CFR parts 120 through 130).
*
264. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9D003 is amended by revising the
‘‘Related Controls’’ paragraph (2) in the
List of Items Controlled section to read
as follows:
9D004 Other ‘‘software’’ as follows (see List
of Items Controlled).
*
List of Items Controlled
*
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List of Items Controlled
*
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*
*
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*
Items:
*
b. ‘‘Software’’ for testing aero gas turbine
engines, assemblies, ‘‘parts’’ or
‘‘components,’’ specially designed to collect,
reduce and analyze data in real time and
capable of feedback control, including the
dynamic adjustment of test articles or test
conditions, as the test is in progress;
*
*
*
*
*
e. ‘‘Software’’ specially designed or
modified for the operation of ‘‘UAVs’’ and
associated systems, equipment, ‘‘parts’’ and
‘‘components,’’ controlled by 9A012;
*
*
*
*
*
266. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9D103 is amended by revising the
heading to read as follows:
9D103 ‘‘Software’’ specially designed for
modelling, simulation or design
integration of ‘‘missiles,’’ or the
subsystems controlled by 9A005, 9A007,
9A009, 9A105, 9A106, 9A107, 9A108,
9A109, 9A116 or 9A119. (This entry is
‘‘subject to the ITAR.’’ See 22 CFR parts
120 through 130.)
267. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
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Control Classification Number (ECCN)
9D104 is amended:
a. By revising the heading; and
b. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section to read as follows:
9D104 ‘‘Software’’ specially designed or
modified for the ‘‘use’’ of equipment
controlled by 9A001, 9A005, 9A006,
9A007, 9A008, 9A009, 9A010, 9A011,
9A012 (for MT controlled items only),
9A101, 9A105, 9A106.c, .d and .e,
9A107, 9A108, 9A109, 9A111, 9A115,
9A116, 9A117, or 9A118.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
268. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9D105 is amended by revising the
heading to read as follows:
9D105 ‘‘Software’’ that coordinates the
function of more than one subsystem,
specially designed or modified for ‘‘use’’
in rockets, missiles, or unmanned aerial
vehicles capable of achieving a ‘‘range’’
equal to or greater than 300 km. (These
items are ‘‘subject to the ITAR.’’ See 22
CFR parts 120 through 130.)
269. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9E001 is amended by revising the
‘‘Related Controls’’ paragraphs (2) and
(3) in the List of Items Controlled
section to read as follows:
9E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ of equipment or
‘‘software,’’ controlled by 9A001.b,
9A004 to 9A012, 9B (except 9B990 or
9B991), or 9D (except 9D990 or 9D991).
*
*
*
*
List of Items Controlled
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
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*
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Related Controls: * * * (2) The ‘‘technology’’
required for the ‘‘development’’ of
equipment controlled by 9A004 is ‘‘subject
to the ITAR’’ (see 22 CFR parts 120 through
130). (3) ‘‘Technology,’’ required for the
‘‘development’’ of equipment or ‘‘software’’
‘‘subject to the ITAR,’’ is also ‘‘subject to
the ITAR’’ (see 22 CFR parts 120 through
130).
*
*
*
*
*
270. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
VerDate Mar<15>2010
15:13 Nov 28, 2012
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*
*
*
List of Items Controlled
Related Controls: ‘‘Software’’ for
commodities controlled by 9A005 to
9A011, 9A105, 9A106.c, 9A107 to 9A109,
9A111, 9A115, 9A116, 9A117, and 9A118
is ‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130).
*
9E002 ‘‘Technology’’ according to the
General Technology Note for the
‘‘production’’ of equipment controlled
by 9A001.b, 9A004 to 9A011 or 9B
(except 9B990 or 9B991).
*
List of Items Controlled
*
Control Classification Number (ECCN)
9E002 is amended by revising the
‘‘Related Controls’’ paragraphs (3) and
(4) in the List of Items Controlled
section to read as follows:
*
*
*
*
Related Controls: * * * (3) The ‘‘technology’’
required for the ‘‘development’’ of
equipment controlled by 9A004 is ‘‘subject
to the ITAR’’ (see 22 CFR parts 120 through
130). (4) ‘‘Technology,’’ required for the
‘‘development’’ of equipment or ‘‘software’’
‘‘subject to the ITAR,’’ is also ‘‘subject to
the ITAR’’ (see 22 CFR parts 120 through
130).
*
*
*
*
*
271. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9E003 is amended:
a. By revising the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section;
b. By revising the introductory text of
‘‘items’’ paragraphs a and a.3 in the List
of Items Controlled section;
c. By revising ‘‘items’’ paragraphs a.4,
a.7, a.8, and the ‘‘Technical Note’’ to
paragraph a.8 in the List of Items
Controlled section;
d. By revising the introductory text of
‘‘items’’ paragraph (c) in the List of
Items Controlled section; and
e. By revising ‘‘items’’ paragraphs f
introductory text, f.1, f.1.d, h.1, h.2, i.1,
i.2, and j in the List of Items Controlled
section to read as follows:
9E003 Other ‘‘technology’’ as follows (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) Hot section
‘‘technology’’ specifically designed,
modified, or equipped for military uses or
purposes, or developed principally with
U.S. Department of Defense funding, is
‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130). ‘‘Technology’’ is subject
to the EAR when actually applied to a
commercial aircraft engine program.
Exporters may seek to establish
commercial application either on a caseby-case basis through submission of
documentation demonstrating application
to a commercial program in requesting an
export license from the Department
Commerce in respect to a specific export,
or in the case of use for broad categories
of aircraft, engines, ‘‘parts’’ or
‘‘components,’’ a commodity jurisdiction
PO 00000
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determination from the Department of
State.
*
*
*
*
*
Items:
a. ‘‘Technology’’ ‘‘required’’ for the
‘‘development’’ or ‘‘production’’ of any of the
following gas turbine engine ‘‘parts,’’
‘‘components’’ or systems:
*
*
*
*
*
a.3. ‘‘Parts’’ or ‘‘components’’
manufactured from any of the following:
* * * * *
a.4. Uncooled turbine blades, vanes, ‘‘tip
shrouds’’ or other ‘‘parts’’ or ‘‘components,’’
designed to operate at gas path total
(stagnation) temperatures of 1,323 K
(1,050°C) or more at sea-level static take-off
(ISA) in a ‘steady state mode’ of engine
operation;
*
*
*
*
*
a.7. Gas turbine engine ‘‘parts’’ and
‘‘components’’ using ‘‘diffusion bonding’’
‘‘technology’’ controlled by 2E003.b;
a.8. ‘Damage tolerant’ gas turbine engine
rotor ‘‘parts’’ and ‘‘components’’ using
powder metallurgy materials controlled by
1C002.b; or
Technical Note: ‘Damage tolerant’ ‘‘parts’’
and ‘‘components’’ are designed using
methodology and substantiation to predict
and limit crack growth.
*
*
*
*
*
c. ‘‘Technology’’ ‘‘required’’ for
manufacturing cooling holes, in gas turbine
engine ‘‘parts’’ and ‘‘components’’
incorporating any of the ‘‘technologies’’
specified by 9E003.a.1, 9E003.a.2 or
9E003.a.5, and having any of the following:
*
*
*
*
*
f. ‘‘Technology’’ ‘‘required’’ for the
‘‘production’’ of specially designed ‘‘parts’’
and ‘‘components’’ for high output diesel
engines, as follows:
f.1. ‘‘Technology’’ ‘‘required’’ for the
‘‘production’’ of engine systems having all of
the following ‘‘parts’’ and ‘‘components’’
employing ceramics materials controlled by
1C007:
*
*
*
*
*
f.1.d. One or more other ‘‘part’’ or
‘‘component’’ (including exhaust ports,
turbochargers, valve guides, valve assemblies
or insulated fuel injectors);
h. * * *
h.1. ‘‘Development’’ ‘‘technology’’ for
deriving the functional requirements for the
‘‘parts’’ and ‘‘components’’ necessary for the
‘‘FADEC system’’ to regulate engine thrust or
shaft power (e.g., feedback sensor time
constants and accuracies, fuel valve slew
rate);
h.2. ‘‘Development’’ or ‘‘production’’
‘‘technology’’ for control and diagnostic
‘‘parts’’ and ‘‘components’’ unique to the
‘‘FADEC system’’ and used to regulate engine
thrust or shaft power;
i. * * *
i.1. ‘‘Development’’ ‘‘technology’’ for
deriving the functional requirements for the
‘‘parts’’ and ‘‘components’’ that maintain
engine stability;
i.2. ‘‘Development’’ or ‘‘production’’
‘‘technology’’ for ‘‘parts’’ and ‘‘components’’
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9A115 to 9A119, 9C110, 9D101, 9D103,
9D104 or 9D105.
unique to the adjustable flow path system
and that maintain engine stability;
*
*
*
*
*
*
j. ‘‘Technology’’ not otherwise controlled
in 9E003.a.1 through a.8, a.10, and .h and
used in the ‘‘development’’, ‘‘production’’, or
overhaul of hot section ‘‘parts’’ and
‘‘components’’ of civil derivatives of military
engines controlled on the U.S. Munitions
List.
*
*
*
*
*
272. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9E101 is amended by revising the
‘‘Related Controls’’ paragraph in the List
of Items Controlled section to read as
follows:
pmangrum on DSK3VPTVN1PROD with PROPOSALS2
9E101 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development,’’ ‘‘production’’ or ‘‘use’’
of commodities or software controlled
by 9A012, 9A101, 9A104 to 9A111,
VerDate Mar<15>2010
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*
*
*
*
*
*
*
Related Controls: ‘‘Technology’’ controlled
by 9E101 for items in 9A101.b, 9A104 to
9A111, 9A115 to 9A119, 9D103, and 9D105
is ‘‘subject to the ITAR’’ (see 22 CFR parts
120 through 130).
*
*
*
*
*
273. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9E102 is amended by revising the
‘‘Related Controls’’ paragraph (2) in the
List of Items Controlled section to read
as follows:
9E102 ‘‘Technology’’ according to the
General Technology Note for the ‘‘use’’
of space launch vehicles specified in
9A004, or commodities or software
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controlled by 9A005 to 9A012, 9A101,
9A104 to 9A111, 9A115 to 9A119,
9B105, 9B106, 9B115, 9B116, 9B117,
9D101, 9D103, 9D104 or 9D105.
*
List of Items Controlled
Sfmt 9990
71257
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: * * * (2) ‘‘Technology’’
controlled by 9E102 for commodities or
software ‘‘subject to the ITAR’’ (see 22 CFR
parts 120 through 130) in 9A004 to 9A011,
9A101.b, 9A104, 9A105, 9A106.a to .c,
9A107 to 9A111, 9A115 to 9A119, 9B115,
9B116, 9D103, specified software in 9D104,
and 9D105 is ‘‘subject to the ITAR’’ (see 22
CFR parts 120 through 130).
*
*
*
*
*
Dated: November 16, 2012.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2012–28363 Filed 11–23–12; 11:15 am]
BILLING CODE 3510–33–P
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Agencies

[Federal Register Volume 77, Number 230 (Thursday, November 29, 2012)]
[Proposed Rules]
[Pages 71213-71257]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28363]
[[Page 71213]]
Vol. 77
Thursday,
No. 230
November 29, 2012
Part II
Department of Commerce
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Bureau of Industry and Security
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15 CFR Parts 734, 740, 772, and 774
Revisions to the Export Administration Regulations (EAR) To Make the
Commerce Control List (CCL) Clearer; Proposed Rule
Federal Register / Vol. 77 , No. 230 / Thursday, November 29, 2012 /
Proposed Rules
[[Page 71214]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 734, 740, 772, and 774
[Docket No. 110818512-2136-01]
RIN 0694-AF37
Revisions to the Export Administration Regulations (EAR) To Make
the Commerce Control List (CCL) Clearer
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On December 9, 2010, the Bureau of Industry and Security (BIS)
published an advance notice of proposed rulemaking entitled Commerce
Control List: Revising Descriptions of Items and Foreign Availability
as part of the President's Export Control Reform (ECR) Initiative. The
December 9, 2010 notice sought, among other things, public comments on
how descriptions of items controlled on the Commerce Control List (CCL)
could be made clearer. This proposed rule would implement changes
identified by BIS and the public that would make the CCL clearer. This
rule would only implement changes that can be made to the CCL without
requiring changes to multilateral export control regime guidelines or
lists. However, BIS has identified changes that would require a
decision of a multilateral regime to implement. For those changes, the
U.S. Government is developing regime change proposals for consideration
by members of those multilateral export control regimes. BIS will
implement those changes in separate rulemakings, if approved by the
respective multilateral export control regimes.
DATES: Comments must be received by BIS no later than January 28, 2013.
ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
The identification number for this rulemaking is BIS-2012-0044.
By email directly to publiccomments@bis.doc.gov. Include
RIN 0694-AF37 in the subject line.
By mail or delivery to Regulatory Policy Division, Bureau
of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th
Street and Pennsylvania Avenue NW., Washington, DC 20230. Refer to RIN
0694-AF37.
The Department of Commerce's Plan for Retrospective Analysis of
Existing Rules may be found at: http://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules.
FOR FURTHER INFORMATION CONTACT: Timothy Mooney or Robert Monjay,
Regulatory Policy Division, Bureau of Industry and Security, Department
of Commerce, Phone: (202) 482-2440, Fax: (202) 482-3355, Email:
rpd2@bis.doc.gov.
SUPPLEMENTARY INFORMATION
Background
On December 9, 2010 (75 FR 76664), the Bureau of Industry and
Security (BIS) published an advance notice of proposed rulemaking
entitled Commerce Control List: Revising Descriptions of Items and
Foreign Availability as part of the President's Export Control Reform
(ECR) Initiative. The December 9 notice sought, among other things,
public comments on how descriptions of items controlled on the Commerce
Control List (CCL) could be made clearer. Although these revisions
originated with the ECR initiative, this proposed rule is entirely
consistent in spirit and substance with Executive Order 13563, under
which agencies are to conduct retrospective analyses of their
regulations to identify and remedy any unnecessary compliance burden
caused by rules that are unduly complex, outmoded, inconsistent, or
overlapping. In Executive Order 13563, the President directed each
agency to review its ``existing significant regulations, and consider
how best to promote retrospective analysis of rules that may be
outmoded, ineffective, insufficient, or excessively burdensome, and to
modify, streamline, expand, or repeal them in accordance with what has
been learned.'' In response to this directive, Commerce released on
August 23, 2011 a plan for the review of its regulations. This proposed
rule was identified by the Department as part of its plan for the
retrospective analysis of regulations. The Department's plan may be
found at: http://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules.
This proposed rule would implement changes identified by BIS and
the public that would make the CCL clearer. This rule would only
implement changes that can be made to the CCL without requiring a
multilateral regime change. However, BIS has identified changes that
would make the CCL clearer, but would require a multilateral export
control regime change to implement. The U.S. Government is developing
some of those changes into regime change proposals for consideration by
members of those multilateral export control regimes. BIS will
implement those changes in separate rulemakings, if approved by the
respective multilateral export control regimes.
This proposed rule will identify new phrases or headings within
double quotations. The EAR identifies terms defined in part 772 with
double quotations as well. Please note that not all of the terms set
forth within quotations in this proposed rule are defined in part 772.
The additional double quotations around new phrases, headings, or
commonly used words, are used in the Background section of this
proposed rule to assist in the readability of the text.
This proposed rule includes changes described under four headings:
(1) Clarifications to existing CCL controls, including the use of
the terms ``parts'' and ``components'' on the CCL;
(2) Changes to conform the CCL to the multilateral export control
regime control lists and previous amendments to the EAR;
(3) Structural changes to improve the clarity of the CCL; and
(4) Removal of fourteen ECCNs subject to the exclusive jurisdiction
of the Nuclear Regulatory Commission.
(1) Clarifications to Existing CCL Controls, Including the Use of the
Terms ``Parts'' and ``Components'' on the CCL
The majority of changes proposed in this rule would amend the CCL
without changing the scope of the controls. However, this rule does
propose changes that would affect the scope of one ECCN. Specifically,
this rule proposes to remove ECCN 8A918 and add certain marine boilers
to ECCN 8A992, where they would be controlled for AT and UN reasons.
This change is described in more detail below under the heading ``ECCN
8A918.''
The bulk of the changes this rule would make to the CCL are non-
substantive and would provide additional regulatory guidance to people
classifying items subject to the EAR. One proposed change would be to
clarify the scope of ECCNs by providing clearer definitions of the
terms ``parts'' and ``components,'' which is discussed below. The
changes BIS proposes in this rule in this section are limited to
aligning with the definitions of ``part'' and ``component'' included in
a proposed rule published on July 15, 2011 (76 FR 41958) entitled
``Proposed Revisions to the Export Administration Regulations (EAR):
Control of Items the President Determines No Longer Warrant Control
Under the United States Munitions List (USML).'' (hereinafter ``the
July 15, 2011 rule'') These proposed changes include adding
[[Page 71215]]
additional references to ``part'' and ``component'' where needed in
certain ECCNs to clarify that the scope of those ECCNs also extends to
``parts'' and ``components'' even if previously those ECCNs may have
only referenced part or component, but not referenced both part and
component together. The proposed definitions of ``part'' and
``component'' are provided below, along with a discussion of the
context for the need to make certain conforming changes proposed in
this rule. The proposed conforming changes included in this rule would
not be published in final form until the revised definitions of
``part'' and ``component'' are published in final form in a separate
rule.
BIS is not attempting, with the proposed changes adding additional
references to ``parts'' and ``components,'' to change the scope of what
the affected ECCNs control. If, however, the public believes any such
changes would change the present scope of the affected ECCNs, then the
public should submit comments that identify such changes and explain
how the changes would cause the ECCNs to deviate from their present
scope. In addition, the public is encouraged to review the entire CCL
to identify and comment on any other ECCN that uses the terms ``parts''
or ``components'' where additional changes may be warranted to conform
to the intended scope of those ECCNs.
The proposed clarifying changes are as follows:
(A) Revisions to ECCN headings to clarify meaning.
Revision to the headings of twenty-four ECCNs. In Supplement No. 1
to part 774--The Commerce Control List, this rule would revise, to
enhance clarity, the headings of the following twenty-four ECCNs:
1A995, 1B115, 2A291, 2B005, 2B109, 2B352, 2B991, 2B992, 3B991, 4A994,
5A991, 5D992, 5E992, 6A006, 6A996, 6A997, 6A998, 6B995, 6D993, 7A103,
7A107, 8A992, 9A106 and 9B991. This rule would also clarify the
relationship between the headings and the ``items'' paragraph in the
List of Items Controlled section of these twenty-four ECCNs. For
example, in certain ECCNs, the entries include an ``items'' paragraph,
but the ECCN heading does not direct people to review the ``items''
paragraph. This rule would add the phrase ``(see List of Items
Controlled)'' to these ECCN headings. For other ECCNs listed above, the
heading includes the phrase ``(see List of Items Controlled),'' but the
placement of the phrase is not correct in terms of what BIS intended to
control in the ECCN. If the phrase appears at the end of the heading,
then that means the ``items'' paragraph in the List of Items Controlled
section is the exclusive, complete list of the items the ECCN controls.
If, however, the phrase appears in the middle of the heading, then that
means only that portion of the heading prior to the phrase ``(see List
of Items Controlled)'' is specifically identified in the ``items''
paragraph in the List of Items Controlled section, and that the
remaining part of the heading (i.e., the rest of the heading after the
phrase ``(see List of Items Controlled)'') is an exclusive, complete
description.
The placement of the phrase ``(see List of Items Controlled)'' is
important for ``parts'' and ``components'' referred to in ECCN
headings. If ``parts'' and ``components'' references appear before the
phrase, then that means the entry only controls ``parts'' and
``components'' specifically identified in the ``items'' paragraph in
the List of Items Controlled section. If, however, the phrase is in the
middle of the heading and the reference to ``parts'' and ``components''
appears after the phrase--such as ``and specially designed ``parts''
and ``components'' therefor''--that means the ECCN would control
specially designed ``parts'' and ``components'' for any item identified
in the ``items'' paragraph in the List of Items Controlled section.
This rule does not address the definition of ``specially designed,''
which was proposed in a separate Federal Register notice on June 19,
2012 (77 FR 36409), but rather the relationship between these headings
and the ``items'' paragraph in each of these respective ECCNs.
BIS is not attempting, with the proposed changes to the headings,
to change the scope of what the affected ECCNs control. If, however,
the public believes any such changes would alter the present scope of
these ECCNs, then the public should submit comments that identify such
changes and explain how the changes would cause the ECCNs to deviate
from their present scope. In addition, the public is encouraged to
review the entire CCL to identify and comment on any other ECCN
headings that could be made clearer.
Revisions to thirteen ECCNs. In addition, this rule would add the
phrase ``as follows'' to the headings of the following thirteen ECCNs:
0A981, 5D991, 5D992, 5E992, 6A992, 6A994, 6A995, 6A997, 6A998, 6B995,
6C994, 6D993 and 9B991, for consistency with the structure of other
ECCNs on the CCL. The phrase ``as follows'' is used on some of the
multilateral export control regime control lists, which is why the
phrase is used on the CCL, including in some unilateral ECCNs to
conform to the structure of the regime-based ECCNs. The multilateral
export control regimes do not use the phrase ``(see List of Items
Controlled),'' but this phrase is used in many of the multilateral-
based ECCNs on the CCL. BIS seeks greater consistency in how CCL
headings are constructed, in particular how these two phrases are used
in the ECCN headings. BIS welcomes additional suggestions for how these
two phrases can be used more consistently on the CCL and whether one
term or another should be used instead of using these two phrases
together in many ECCN entries.
ECCN 1D993. This rule would revise the heading of 1D993 to remove
the term ``equipment'' for consistency with the definition of
``equipment'' proposed in the July 15, 2011 rule. This ECCN currently
refers to equipment or materials, but the only ECCNs cross referenced
in the heading are for controls on materials, so the term equipment is
not needed in 1D993.
ECCNs 0D001, 3D980, 3E980, 4D980 and 4E980. This rule would revise
the headings of ECCNs 0D001, 3D980, 3E980, 4D980 and 4E980, by removing
the term ``items'' and adding the term ``commodities'' in its place.
This rule would make this change because in the context of these five
ECCN headings, the term ``commodities'' is more accurate and specific
regarding the scope of these entries.
ECCN 2B998. The heading of 2B998 uses the undefined term ``units.''
To add greater specificity regarding what the term ``unit'' is intended
to cover in this ECCN, this rule proposes to modify the heading by
removing the term ``units'' and adding the term ``circuit boards.''
This change would clarify that ``circuit boards'' are the items covered
under the heading of 2B998.
ECCNs 3A980 and 3A981. This rule would add the term ``therefor''
immediately before the term ``n.e.s.'' to the headings of ECCNs 3A980
and 3A981. This rule would make this change to emphasize that these
ECCNs refer only to components of the subject voice print equipment and
polygraph equipment.
ECCNs 5A001 and 5A991. This rule would correct the spelling of the
word ``antennae'' in the ``unit'' paragraph of 5A001 and the ``items''
paragraph (f) of 5A991. This word should be spelled as ``antennas'' to
reflect the intended meaning in these two ECCNs.
ECCN 6C992. This rule would correct a grammatical error in 6C992 by
removing the word ``which'' and adding in its place the word ``that.''
ECCN 9B002. This rule would correct a capitalization error in the
heading of 9B002 by making the uppercase ``S'' in the phrase (See List
of Items Controlled)
[[Page 71216]]
lower case. This rule would make this change for consistency with other
references to this phrase on the CCL.
(B) Clarifying the use of the terms ``parts'' and ``components'' on
the CCL.
The July 15, 2011 rule included proposed definitions for the terms
``parts'' and ``components.'' The July 15, 2011 rule proposed defining
``parts'' as ``any single unassembled element of a component,
accessory, or attachment which is not normally subject to disassembly
without the destruction or the impairment of design use. Examples
include threaded fasteners (e.g., screws, bolts, nuts, nut plates,
studs, inserts), other fasteners (e.g., clips, rivets, pins), common
hardware (e.g., washers, spacers, insulators, grommets, bushings),
springs and wire.''
The July 15, 2011 rule proposed defining ``components'' as an item
that is useful only when used in conjunction with an ``end item.''
Components are also commonly referred to as assemblies. For purposes of
this definition, an assembly and a component are the same. There are
two types of ``components'': ``Major components'' and ``minor
components.'' A ``major component'' includes any assembled element
which forms a portion of an ``end item'' without which the end item is
inoperable. For example, for an automobile, components include the
engine, transmission, and battery. If you do not have all those items,
the automobile will not function, or function as effectively. A ``minor
component'' includes any assembled element of a ``major component.''
``Components'' consist of ``parts.''' References in the CCL to
``components'' include both ``major components'' and ``minor
components.''
Another example for applying the definition of ``components'' in
the automobile context would be a fuel pump and the engine. Under this
additional example, the fuel pump is a minor component of an
automobile, as it is an assembled element of a ``major component,'' the
engine. While the car will not function without the fuel pump, it is
not a ``major component'' because it is integrated into a ``major
component,'' the engine.
The July 15, 2011 rule indicated BIS would review the use of these
two terms on the CCL and would likely make clarifications to CCL
entries to conform to the proposed definitions included in the July 15,
2011 rule under a separate rulemaking. This proposed rule addresses the
use of the terms ``parts'' and ``components'' on the CCL to ensure
these terms would be used in a manner consistent with the proposed
definitions included in the July 15, 2011 rule.
The terms ``parts'' and ``components'' have sometimes been used
interchangeably in various ECCNs. The proposed definitions included in
the July 15, 2011 rule were developed to provide clear, distinct
definitions for each of these terms and other terms such as ``end
item,'' ``system,'' and ``accessories and attachments,'' to align with
the definitions of these terms in the International Traffic in Arms
Regulations (ITAR). See 22 CFR Sec. 121.8. Such distinctions are
significant for purposes of determining whether an ECCN applies to an
item to be exported.
Under the July 15, 2011, construct for the definitions of ``parts''
and ``components,'' if an ECCN does not include a control on ``parts''
or ``components,'' then that ECCN would not, by definition, apply to
the export of any particular ``parts'' or ``components'' meeting the
respective definitions. However, as referenced above, the terms
``parts'' and components'' have sometimes been used interchangeably, so
to ensure that once these definitions of ``parts'' and ``components''
are added to the EAR that the scope of existing controls are not
narrowed, this rule proposes to add in additional references to
``part'' or ``component,'' in particular for ECCNs that are based on
the multilateral export control regime control lists. Under the current
EAR many of these ECCNs based on the multilateral control lists only
list ``components,'' but not ``parts.'' However, the U.S. Government
and other multilateral regime members have interpreted these ECCNs as
also including ``parts.'' BIS proposes in this rule to add additional
references to ``parts'' in these ECCNs, so the U.S. Government can
ensure that it is meeting its multilateral export control regime
commitments. Over the mid- to long-term, BIS will reach out to the
respective multilateral regimes and discuss whether certain ECCNs
should be limited to ``components'' or ``parts'' or some other subset
of ``components,'' such as major components or minor components.
Many of the unilateral-based ECCNs on the CCL reference ``parts,''
but not ``components.'' For unilateral-based ECCNs, BIS has more
discretion in whether these ECCNs should control ``parts'' and
``components.'' However, for consistency with the approach proposed for
the multilateral based ECCNs in this rule and to ensure the scope of
the unilateral ECCNs is not changed, this rule proposes adding
additional references to ``parts'' and ``components'' as needed in the
unilateral ECCNs to conform to how BIS has interpreted the scope of
these ECCNs in the past.
To conform to the proposed definitions of ``parts'' and
``components,'' BIS is proposing a number of changes to the CCL to
incorporate the terms ``parts'' and ``components'' in specific ECCNs.
The primary purpose of these ECCN changes is to conform to those
proposed definitions and to ensure that no changes are made to the
current U.S. Government interpretation of these ECCN entries. The
public should keep in mind the overall purpose is not to change the
current scope of controls, but rather to clarify the scope of these
ECCNs consistent with the July 15, 2011 rule definitions and how items
are currently classified under these ECCNs.
These proposed changes would revise the following one hundred fifty
eight ECCNs on the CCL where the term ``parts'' or ``components'' is
used, as identified and described below in more detail:
``Parts'' is used, but ``specially designed''``components'' or ``
``components'' as follows'' is intended or ``specially designed''
``parts'' and ``components'' is intended. In three ECCNs, the term
``parts'' is used, but the term ``specially designed'' ``components''
is intended. This rule would remove the term ``parts'' and replace it
with the terms ``specially designed'' ``components'' in the following
three ECCNs: 0A979, 3A980 and 3A981. This rule would remove the term
``part'' and replace it with the terms ``specially designed'' ``parts''
and ``components'' to the following four ECCNs: 0A982, 0A983, 0A985,
0A986. In ECCNs 0A984 and 0A987, the term ``parts'' is used, but the
term ``components'' or `` ``components'' as follows'' is intended. This
rule would remove the term ``parts'' and replace it with the term
``components'' or `` ``components'' as follows'' in these ECCNs.
``The hybrid ``component parts'' is used, but ``parts'' and
``components'' is intended. In certain ECCNs the hybrid undefined term
``component parts'' is used, but the intent is ``parts'' and
``components.'' This rule would change ECCN 3A201 to bring its meaning
into alignment with this intent by changing ``component parts'' to
``parts'' and ``components.'' This same issue appears in some of the
``xY018'' ECCNs on the CCL, but given those ECCNs will be addressed in
the ongoing USML to CCL process as those items in the ``xY018'' ECCNs
are moved to the ``600 series'' ECCNs, this rule does not propose
making changes to those ``xY018'' entries.
[[Page 71217]]
The term ``spare parts'' is used, but ``parts'' is intended. In
ECCN 5A002, the term spare parts is used in the ``LVS'' (License
Exception ``shipments of limited value'') paragraph, but the intent is
``parts.'' The inclusion of the non-standard, undefined term ``spare
parts'' could cause confusion about the scope of the LVS authorization.
This rule removes the word ``spare'' to clarify the applicability of
this license exception to this ECCN.
``Parts'' or ``accessories'' is included, but is not within scope
of the ECCN. In ECCNs 2B201, 2B206, 2B209, 2B290, 6A225, 6A226, 6A992,
6A994, 6A995, 6C992, 6C994, and 9A120, the terms ``parts'' and
``accessories'' are used in the ``unit'' paragraph in the List of Items
Controlled section, but the ECCN does not include ``parts'' or
``accessories'' in the list of what that ECCN controls. The inclusion
of references to ``parts'' or ``accessories'' in these ``unit''
paragraphs may cause confusion regarding the scope of those ECCNs. This
rule would remove such references to ``parts'' and ``accessories'' in
these ECCNs.
``Accessories'' is included, but is not within scope of the ECCN.
In ECCNs 2A292, 6A203, 6A992 and 9A106, the terms ``parts'' and
``accessories'' are used in the ``unit'' paragraph in the List of Items
Controlled section, but the ECCN does not include ``accessories'' in
the list of items that the ECCN controls. The inclusion of a reference
to accessories in these ``unit'' paragraphs may cause confusion
regarding the scope of those ECCNs. In these same ECCNs, the term
``components'' is included in the ``unit'' paragraph, but with a
different unit of measurement than ``parts.'' The references to
``parts'' and ``components'' with different units of measurement is
inconsistent with the interchangeable use of these terms. This rule
would remove such ``parts'' and ``accessories'' references and insert
``parts'' before the ``components'' reference in these ECCNs.
``Parts'' or ``components'' is used, and BIS intends the ECCN to
mean ``parts'' and ``components.'' As the terms ``parts'' and
``components'' are currently used interchangeably in many entries,
maintaining current controls while adopting definitions for these words
requires the use of both words in each of the one hundred forty-eight
(148) ECCNs where one of those terms is currently used and intended.
This will ensure that existing ECCNs maintain the same controls as
exist under the prior undefined interchangeable use of the terms parts
and components that encompass all subsidiary elements of a complete
system. BIS, in consultation with the other agencies and multilateral
export control regimes, intends to revise these entries in the future
to further refine the CCL controls.
This rule would insert ``parts'' and add quotation marks in the
following 127 ECCNs and Notes:
1A001, 1A002, 1A004, 1A005, 1A006, 1A008, 1A102, 1A995, 1B001,
1B003, 1B101, 1B102, 1B115, 1B117, 1B118, 1B119, 1C007, 1C117, 1C230,
1C350, 1C355, 2A001, 2A991, 2B001, 2B003, 2B004, 2B005, 2B109, 2B116,
2B229, 2B351, 2B352, 2B992, 2B998, 2D351, 3A001, 3A003, 3A101, 3A201,
3A233, 3A292, 3A982, 3A991, 3A999, 3B001, 3B002, 3B991, 3B992, 3D982,
3D991, 3E001, 3E003, 3E982, 3E991, 4A001, 4A003, 4A004, 4A101, 4A994,
5A001, 5A991, 5B001, 5E001, 5A002, 5A992, 6A001, 6A002, 6A003, 6A004,
6A005, 6A006, 6A008, 6A102, 6A107, 6A205, 6A991, 6A992, 6A995, 6A996,
6A998, 6B008, 6B995, 6D001, 6E001, 6E002, 6E993, 7A001, 7A002, 7A003,
7A005, 7A008, 7A101, 7A102, 7A103, 7A104, 7A105, 7A107, 7D001, 7D101,
7E001, 7E002, 7E101, 8A002, 8A992, 9A002, 9A003, 9A004, 9A005, 9A006,
9A008, 9A010, 9A011, 9A012, 9A106, 9A108, 9A109, 9A111, 9A120, 9B001,
9B002, 9B003, 9B009, 9B010, 9B115, 9B116, 9D004 and 9E003.
In addition to the 127 ECCNs identified in the previous paragraph,
this rule would also insert ``parts'' and add quotation marks in the
Note to the Table on Deposition Techniques in the introductory portion
of Category 2, Product Group E, and the introductory Notes to Category
5, Parts I and II.
This rule would insert ``components'' and add quotation marks in
the following 12 ECCNs:
2A292, 2A994, 2B001, 2B201, 5A980, 6A203, 6B995, 8A992, 9A012,
9A106, 9A991 and 9B010.
This rule would reposition the term ``parts'' before ``components''
and add quotation marks to the existing terms ``parts'' and
``components'' in the following 12 ECCNs:
1A004, 1C002, 2A983, 2A984, 3A001, 4A994, 6A992, 7A994, 9A106,
9A991, 9B990 and 9E003.
(C) Clarifying the use of the term ``assemblies'' on the CCL as
components.
In the July 15, 2011 rule, BIS proposed to define the term
``components'' to mean ``components are also commonly referred to as
assemblies. For purposes of this definition, an assembly and a
component are the same.'' BIS has reviewed the CCL to ensure the term
``assemblies'' is not being used redundantly on the CCL. This review
has identified five ECCNs (5A991, 9A002, 9A003, 9B002 and 9D004) where
the terms ``assemblies'' and ``components'' are being used in the same
ECCN, but the term ``assemblies'' should be removed to avoid the
incorrect interpretation that assemblies are different from components.
This rule would add the term ``electronic'' before the term
``assemblies'' in 5A991 under ``items'' paragraphs (c.1) and (g) to
distinguish the particular type of assembly that is intended to be
controlled under this entry. With regard to ECCNs 9A002, 9A003, 9B002
and 9D004, the U.S. Government intends to develop a proposal to submit
to the Wassenaar Arrangement that would propose the removal of the term
``assemblies'' from these ECCNs or propose adding more descriptive
terms, such as ``electronic'' to clarify the scope of those other
multilateral-based ECCNs.
This rule would remove reference to the term ``assemblies'' in ECCN
6A998, and add the term ``components'' in its place. As described
above, this rule also proposes adding the term ``parts'' to 6A998.
(D) This rule would also revise the following ECCNs:
ECCN 1C996. This rule would amend 1C996 by revising the heading to
add the phrase ``not controlled by 1C006,'' to clarify the scope of
1C996 as it relates to 1C006.
ECCN 2B350. This rule would amend 2B350 by revising the ``Related
Definitions'' paragraph in the List of Items Controlled section to
indicate for purposes of this entry that the term `chemical warfare
agents' includes those agents ``subject to the ITAR'' (see 22 CFR parts
120 through 130). In addition, this rule would add a note at the end of
the ``items'' paragraph in the List of Items Controlled section to
provide a reminder and cross reference to the Note for exporters,
reexporters and transferors, stating the following: ``See Categories V
and XIV of the United States Munitions List for all chemicals that are
```subject to the ITAR' (see 22 CFR parts 120 through 130).''
ECCN 2B996. This rule would amend 2B996 by revising the heading to
clarify that dimensional inspection or measuring systems or equipment
not controlled by 2B006 or 2B206 are controlled under this ECCN.
Certain dimensional inspection or measuring systems or equipment
controlled under 2B206 would also be controlled under 2B996. To clarify
the relationship between 2B996 and 2B206, this rule would add 2B206 to
the exclusion from 2B996.
ECCN 6A002. This rule would revise the STA (License Exception
``Strategic Trade Authorization'') paragraph in the
[[Page 71218]]
License Exceptions section, which as proposed in this rule would now be
in its own section called Special Conditions for License Exception STA.
This rule would remove the phrase, ``to any of the eight destinations
listed in Sec. 740.20(c)(2) of the EAR'' from the end of the current
STA paragraph and would add it to the introductory text of the STA
paragraph. BIS makes this change to clarify the 6A002 ``items''
paragraphs that are not eligible for License Exception STA to any of
the eight destinations listed in Sec. 740.20(c)(2).
ECCN 8A918. This rule would remove the marine boilers from 8A918
and would move these items to two new ``items'' paragraphs that would
be added in the List of Items Controlled section of 8A992. This rule
would add a new ``items'' paragraph (l) to 8A992 for marine boilers
designed to have any of the characteristics in the new 8A992.l.1 or
.l.2. This rule would add ``items'' paragraph (m) to 8A992 for
components, parts, accessories, and attachments for marine boilers that
would be described in 8A992.l. This rule's proposed movement of these
commodities from 8A918 to 8A992.l and .m would remove the Regional
Stability (RS) Column 2 control on these commodities. The Anti-
Terrorism (AT) and United Nations (UN) controls would be retained for
the commodities moved to 8A992.l and .m. BIS proposes this change
because these marine boilers do not warrant an RS control or a separate
ECCN entry and can therefore be added under ECCN 8A992 to be controlled
with other types of marine commodities warranting an AT control.
ECCN 9A980. This rule would revise 9A980 by removing the term
``parts'' from the heading of the ECCN and adding a new heading note to
clarify the scope of the ECCN. The Crime Control (CC) parts that would
have been classified under this entry if exported alone are already
accounted for on the CCL and controlled for CC reasons. The new heading
note that this rule would add clarifies that in order for a vehicle to
be classified as a nonmilitary mobile crime scene laboratory under ECCN
9A980, the vehicle must contain one or more analytical or laboratory
items controlled for Crime Control (CC) reasons on the CCL, such as
items controlled under ECCNs 3A980 and 3A981. This new heading note
does not change the scope of the ECCN, but would make the scope of this
ECCN and the relationship to other CC ECCNs on the CCL clearer.
(E) Addition of ``Related Controls'' to aid in classification.
Most ECCNs on the CCL contain a ``related controls'' paragraph in
the List of Items Controlled section. The ``related controls''
paragraph provides cross references to related ECCNs to assist the
public in classifying items that are subject to the EAR. In some ECCNs,
the ``related controls'' paragraph also includes cross-references to
the export controls other U.S. Government agencies administer.
This rule proposes adding a number of additional ``related
controls'' paragraphs or revising existing ``related controls''
paragraph to assist the public in classifying items. In responding to
this proposed rule, the public may also provide suggestions for
additional ``related controls'' that would assist the public in
classifying items. This rule proposes revising the ``related controls''
paragraphs in the following twelve ECCNs: 1A985, 1B117, 1B118, 1B119,
1B225, 1C117, 1C233, 2B105, 2B116, 3A230, 7A103 and 9B009.
Lastly, this rule would revise the ``related controls'' paragraphs
in ECCN 7A005 and 7A994 and include the substance of the amended
related control paragraph as a new ``license requirement note'' in
7A994. This rule change would clarify the relationship between 7A005
and 7A994 and provide guidance on the appropriate classification for
GPS equipment. The added text in 7A005 and 7A994 would alert persons
classifying GPS items that ``typically commercially available GPS do
not employ encryption or adaptive antenna and are classified as
7A994.''
(F) Addition of the term ``subject to the ITAR'' to the EAR.
This rule would add the term ``subject to the ITAR'' to Sec. 772.1
(Definitions of terms as used in the Export Administration Regulations
(EAR)). This defined term would be added to parallel the use of the
term ``subject to the EAR'' that is commonly used in the EAR, along
with simplifying many of the references to the export jurisdiction of
the Department of State that are included in the EAR. The vast majority
of these references to the export control jurisdiction of the
Department of State are on the CCL. This rule would also add the
following definition of ``subject to the ITAR'' in Sec. 772.1:
A term used in the EAR to describe those commodities, software,
technology (e.g., technical data) and defense services over which
the U.S. Department of State, Directorate of Defense Trade Controls
(DDTC) exercises regulatory jurisdiction under the International
Traffic in Arms Regulations (ITAR) (see 22 CFR 120-130).
This rule would make conforming changes to the rest of the EAR,
including several ECCNs and Sec. Sec. 734.4 (De minimis U.S. content),
734.6 (Assistance available from BIS for determining licensing and
other requirements), and 740.6 (Technology and software under
restriction (TSR)), by adding ``subject to the ITAR'' where the export
control jurisdiction of the Department of State is referenced. In
addition to making the conforming change in Sec. 734.6, this rule
would revise the language that refers to the ITAR to clarify that in
order to determine whether an item is ``subject to the ITAR,'' you
should review the ITAR's United States Munitions List (see 22 CFR
Sec. Sec. 120.6 and 121.1). The revised text would also clarify you
may also submit a request to the Department of State, Directorate of
Defense Trade Controls, for a formal jurisdictional determination
regarding the commodity, software, technology, or activity at issue
(see 22 CFR Sec. 120.4).
(2) Changes to Conform the CCL to the Multilateral Export Control
Regime Control Lists and Previous Amendments to the EAR
This rule also proposes making the following changes to conform the
CCL to the multilateral export control regime control lists and to
conform the CCL to the intent of past amendments to the EAR. These are
cases where a previous amendment to the EAR was intended to effect a
change, but the change was not implemented as intended or where a
conforming change should have been made to the CCL, but was
inadvertently not made in a past rulemaking. This rule proposes to make
the following conforming changes:
(A) Conforming changes for TSR limitations of Wassenaar Very
Sensitive List Items.
In implementing its commitment to exercise vigilance for the
licensing of items listed on the Wassenaar Very Sensitive List, the
United States has limited the use of License Exception TSR to a list of
specifically identified countries for certain ECCNs. These limitations
are contained in the TSR paragraph in the License Exception section of
nine ECCNs (i.e., ECCNs 1E001, 5D001, 5E001, 6D001, 6D003, 6E001,
6E002, 8D001 and 8E001) that contain items on the Wassenaar Very
Sensitive List and for which TSR has been authorized for some, or all
of the ECCN.
The TSR paragraph limitation was introduced in 1998, upon
implementation of the Wassenaar Arrangement (63 FR 2452), with a list
of sixteen destinations eligible for TSR for Wassenaar Very Sensitive
List items. Approximately one-year later Japan was added to the TSR
paragraph limitation (64 FR 10852). In 2008, Australia and Norway were
added to the TSR
[[Page 71219]]
paragraph in ECCN 1E001, with the explanation that their original
exclusion had been an oversight. Australia and Norway were not added to
the other TSR paragraphs with Wassenaar Very Sensitive List
limitations, creating an inconsistency.
This rule proposes to adopt a standardized list of countries under
the EAR for the nine ECCNs. The use of this standardized list of
countries would simplify the use of the TSR License Exception for these
nine ECCNs and aid the public's understanding regarding what countries
are eligible and not eligible to receive National Security (NS)
controlled technology under these nine ECCNs. BIS has recently
determined that the thirty six (36) countries listed in License
Exception Strategic Trade Authorization, Section 740.20(c)(2) of the
EAR, are eligible for License Exception authorization for Wassenaar
Very Sensitive List items. These 36 countries are: Argentina,
Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland,
Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Netherlands, New
Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South
Korea, Spain, Sweden, Switzerland, Turkey, or the United Kingdom. This
rule proposes to revise the list of countries in the TSR paragraph for
these nine ECCNs to state ``those 36 countries listed in Sec.
740.20(c)(1) (License Exception STA).'' The 17 countries (19 countries
in 1E001) that were previously identified as being eligible for License
Exception TSR under these ECCNs were a subset of the 36 STA-eligible
countries. Therefore, this proposed rule would add the remaining 19
countries, except for 1E001 where this proposed rule would add the
remaining 17 countries, as eligible countries to receive this type of
technology through application of License Exception TSR under these
ECCNs.
(B) ECCN changes to conform to the multilateral export control
regimes.
ECCNs 1A101. This rule would amend 1A101 by replacing the defined
term ``missiles'' with the phrase ``rockets, missiles, or unmanned
aerial vehicles capable of achieving a ``range'' equal to or greater
than 300 km'' to conform to the Missile Technology Control Regime
(MTCR) Annex.
ECCNs 1D103. This rule would amend 1D103 by replacing the defined
term ``missiles'' with the phrase ``rockets, missiles, or unmanned
aerial vehicles capable of delivering at least a 500 kg payload to a
``range'' equal to or greater than 300 km'' to conform to the MTCR
Annex.
ECCN 5D101. This rule would amend 5D101 by removing the term
``items'' and adding the term ``equipment'' in its place. This rule
would make this change to be consistent with the MTCR Annex.
ECCN 6A203. This rule would amend 6A203 by removing ``accessories
in $ value'' from the ``unit'' paragraph in the List of Items
Controlled section. This change would be made to conform to the Nuclear
Suppliers Group (NSG) control list, which does not include controls on
``accessories'' under NSG 1.A.2, 5.B.3, and 5.B.4.
ECCN 6D102. This rule would amend 6D102 by removing the term
``goods'' from the heading and adding the term ``equipment'' in its
place. This rule would make this change to be consistent with the MTCR
Annex.
ECCN 6D994. This rule would remove 6D994 to conform to a previous
amendment to the EAR that imposed a control for these same items under
6D003.c. BIS's intention when 6D994 was added to the CCL was to impose
a control on this software until such time as a control could be
approved at the Wassenaar Arrangement and implemented in the EAR. At
the time when the final rule to add this software to 6D003.c was
published, the intention was to remove 6D994. However, this entry was
inadvertently retained at the time 6D003.c was added to the CCL, which
may have caused confusion for exporters trying to classify this type of
software because the software meets the description of two software
ECCNs. To address this scenario, this rule would remove 6D994 from the
CCL, leaving 6D003.c as the control ECCN.
ECCN 7D101. This rule would amend 7D101 by revising the heading to
include 7A117 in the list of ECCNs for which 7D101 controls the
software. 7A117 is a reference to a USML control based on the MTCR
Annex. 7D101 controls the software of certain commodities controlled
for MT reasons. This change is made to conform to the MTCR Annex.
ECCN 7E104. This rule would amend 7E104 by replacing the defined
term ``missiles'' with the phrase ``rockets or missiles capable of
achieving a ``range'' equal to or greater than 300km'' to conform to
the MTCR Annex.
ECCN 9A107. This rule would amend 9A107 by revising the heading to
replace the word ``engines'' with the word ``motors.'' This change is
made to conform to the MTCR Annex.
ECCN 9A110. This rule would amend 9A110 by revising the heading to
include 9A109 in the list of ECCNs for which 9A110 controls the
composite structures, laminates and manufactures thereof. 9A109 is a
reference to a USML control based on the MTCR Annex. 9A110 controls the
software of certain commodities controlled for MT reasons. This rule
would further amend 9A110 by replacing the defined term ``missiles''
with the phrase ``rockets, missiles, or unmanned aerial vehicles
capable of achieving a ``range'' equal to or greater than 300 km.''
These changes are made to conform to the MTCR Annex.
ECCN 9A118. This rule would amend 9A118 by inserting the phrase
``missiles, and unmanned aerial vehicles capable of achieving a
``range'' equal with a range capability of 300 Km or greater'' into the
heading to conform to the MTCR Annex.
ECCN 9B115. This rule would amend 9B115 by revising the heading to
include 9A103 in the list of ECCNs for which 9B115 controls the
``production equipment.'' 9A103 is a reference to a USML control based
on the MTCR Annex. 9B115 controls the ``production equipment'' of
certain commodities controlled for MT reasons. This change is made to
conform to the MTCR Annex.
ECCN 9B116. This rule would amend 9B116 by revising the heading to
include 9A103 in the list of ECCNs for which 9B116 controls the
``production equipment.'' 9A103 is a reference to a USML control based
on the MTCR Annex. 9B116 controls the ``production equipment'' of
certain commodities controlled for MT reasons. This change is made to
conform to the MTCR Annex.
ECCN 9D103. This rule would amend 9D103 by revising the heading to
include ECCNs 9A009, 9A107 and 9A109, and to expand the reference to
9A105 from 9A105.a to the entire ECCN in the list of ECCNs for which
9D103 controls certain ``software.'' ECCNs 9A009, 9A105, 9A107 and
9A109 are references to USML controls based on the MTCR Annex. 9D103 is
a reference to USML control based on the MTCR Annex. This change is
made to conform to the MTCR Annex.
ECCN 9D104. This rule would amend 9D104 by revising the heading to
include all of ECCNs 9A006, 9A007, 9A008, 9A009, 9A010, 9A115 and 9A116
and 9A106.e in the list of ECCNs for which 9D104 controls the
``software.'' 9A006, 9A007, 9A008, 9A009, 9A010, 9A115 and 9A116 are
references to USML controls based on the MTCR Annex. 9A106.e is
controlled on the CCL for MT reasons. 9D104 controls the ``software''
of certain commodities controlled for MT reasons. This change is made
to conform to the MTCR Annex.
ECCN 9D105. This rule would amend 9D105 by replacing the defined
term
[[Page 71220]]
``missiles'' with the phrase ``rockets, missiles, or unmanned aerial
vehicles capable of achieving a ``range'' equal to or greater than 300
km'' to conform to the MTCR Annex.
(3) Structural Changes To Improve the Clarity of the CCL
ECCNs on the CCL follow the same basic paragraph structure,
although not all ECCNs contain the same paragraphs. The common
paragraph structure is intended to allow the public to quickly review
ECCNs and to identify relevant paragraphs in each ECCN. This rule
proposes changes to the standard section headings that are used in most
ECCNs on the CCL. These proposed changes would affect most of the ECCNs
on the CCL, but would be implemented through instructions instead of
setting out each proposed revision in the regulatory text. BIS is
proposing the changes in the format to save on the cost of implementing
these structural changes. BIS's decision also took into account that
the proposed changes are not ECCN specific and are more focused on how
the ECCN information is being communicated to the public. Each of the
proposed structural changes this rule would implement improves the
clarity of the CCL and is further described below.
(A) Revision of License Exceptions section heading.
This rule would revise the License Exceptions section heading to
add greater specificity. This rule would revise the section heading by
changing it from ``License Exceptions'' to the more specific section
heading of ``List-Based License Exceptions (See Part 740 for a complete
listing of license exceptions and requirements).'' This rule would also
add a parenthetical after the revised section heading to provide a
cross reference to the license exceptions part of the EAR. This rule
would add this cross reference because a definitive determination
regarding whether a license exception may be used for a specific ECCN
can only be made after also reviewing the applicable license exceptions
provisions in part 740 of the EAR.
(B) Removal of the License Exception STA paragraphs.
In order to implement the changes described above under (A)
Revision of License Exceptions section heading, this rule also proposes
removing the License Exception STA paragraph in the License Exceptions
section of the following forty-nine ECCNs: 1A002, 1C001, 1C007, 1C010,
1C012, 1D002, 1E001, 1E002, 2D001, 2E001, 2E002, 3A002, 3B001, 3D001,
3E001, 4A001, 4D001, 4E001, 5A001, 5B001, 5D001, 5E001, 6A001, 6A002,
6A003, 6A004, 6A006, 6A008, 6B008, 6D001, 6D003, 6E001, 6E002, 7D003,
7E001, 7E002, 8A001, 8A002, 8D001, 8D002, 8E001, 8E002, 9B001, 9D001,
9D002, 9D004, 9E001, 9E002 and 9E003. This rule would move the text of
those License Exception STA paragraphs to a new section titled
``Special Conditions for STA.'' This rule proposes creating this new
section immediately following the proposed ``List-Based License
Exceptions (See Part 740 for a complete listing of license exceptions
and requirements)'' instruction, because the License Exception STA
paragraphs do not perform the same function as the other list-based
license exception paragraphs. This rule does not propose any changes to
the regulatory text included in the current License Exception STA
paragraphs of these ECCNs. The changes proposed in this rule are
limited to proposing a new section heading and then moving the existing
License Exception STA paragraphs in these forty-nine ECCNs to the new
STA section heading.
(C) Adding a cross-reference after Country Chart.
This rule proposes revising the ``Country Chart'' paragraph heading
in the License Requirements section to add a parenthetical to indicate
where the public can find the Country Chart. The revised Country Chart
paragraph heading would now read ``Country Chart (See Supp. No. 1 to
part 738).'' Not all ECCNs include a Country Chart paragraph and a
small number of ECCNs do not rely on the Commerce Country Chart for
determining destination-based license requirements. Most ECCNs,
however, are structured to refer to the information contained in the
Country Chart paragraph in Supplement No. 1 to part 738 to identify
destination-based license requirements. The changes in this rule would
clarify that for the ECCNs that use this structure, exporters,
reexporters and transferors need to refer to the Country Chart in
Supplement No. 1 to part 738 to determine destination-based license
requirements. For experienced exporters, reexporters, and transferors,
this structure is well understood. The new cross references would be
primarily intended for those exporters, reexporters, and transferors
who are new to the EAR and who may not as readily understand the
relationship between this standard ECCN paragraph and Supplement No. 1
to part 738. The new parenthetical phrase at the end of the Country
Chart paragraph would make the relationship explicit.
(D) Adding a new ``Reporting Requirements'' section to certain
ECCNs.
Some ECCNs include references to reporting requirements. They are
typically found either in License Requirement notes or in notes to the
``items'' paragraphs in the List of Items Controlled section. BIS has
adopted a standardized paragraph structure for ECCNs, as much as
possible, to assist the public in classifying items. A standardized
paragraph structure helps the public classify items by putting the
information contained in an ECCN into a useable and easily recognizable
format. The current reporting requirements, which are found in various
sections and paragraphs of the ECCN, deviate from this type of
standardized structure. This rule proposes to add a new section heading
called Reporting Requirements where the existing reporting requirements
found in ECCNs would be consolidated to address this issue. This rule
does not propose any changes to the scope of current reporting
requirements. This proposed standardized structure would aid in
compliance with the reporting requirements and assist exporters in more
quickly and easily identifying ECCNs subject to reporting requirements.
The rule proposes adding the new Reporting Requirements section heading
immediately before the License Exceptions section, which, as proposed
above, would now be revised to read ``List-Based License Exceptions
(See Part 740 for a complete listing of license exceptions and
requirements).''
To implement this change in Supplement No. 1 to part 774 (the
Commerce Control List), this rule would remove the ``License
Requirements Notes'' paragraphs in the License Requirements section in
the following thirty-nine Export Control Classification Numbers
(ECCNs): 1A002, 1C007, 1C010, 1D002, 1E001, 1E002, 2D001, 2E001, 2E002,
3A002, 3D001, 3E001, 4A001, 4E001, 5A001, 5B001, 5D001, 5E001, 6A001,
6A002, 6A004, 6A006, 6A008, 6D001, 6D003, 6E001, 6E002, 8A001, 8A002,
8D001, 8D002, 8E001, 8E002, 9B001, 9D001, 9D002, 9E001, 9E002 and
9E003. In these thirty-nine ECCNs, this rule would add the new section
entitled ``REPORTING REQUIREMENTS See Sec. 743.1 of the EAR for
reporting requirements for exports under License Exceptions, Special
Comprehensive Licenses, and Validated End-User authorizations'' after
the License Requirements section in each of these respective ECCNs.
This proposed rule would also make changes to the new Reporting
Requirements section to ensure the text conforms to the listing
[[Page 71221]]
of authorizations in Sec. 743.1 that require reporting to BIS.
(4) Removal of Fourteen ECCNs Subject to the Exclusive Jurisdiction of
the Nuclear Regulatory Commission
(A) Removal of fourteen ECCNs.
The CCL includes forty-nine ECCNs that refer to items that are
subject to the exclusive jurisdiction of the Department of Energy, the
Nuclear Regulatory Commission, or the Department of State. They
constitute approximately 10% of the total number of ECCNs on the CCL.
Of the forty-nine ECCNs, fourteen ECCNs are subject to the export
licensing authority of the Nuclear Regulatory Commission at 10 CFR part
110. This rule proposes removing these fourteen ECCNs from the CCL. The
fourteen ECCNs are 0A001, 0B001, 0B002, 0B003, 0B004, 0B005, 0B006,
0C001, 0C002, 0C004, 0C005, 0C006, 0C201 and 1C012. The ECCNs that BIS
proposes to remove are Nuclear Trigger List items, so the jurisdiction
of these items is already established under U.S. export controls and,
as explained below, there is no need to include this additional cross
reference from the CCL to the controls maintained by the Nuclear
Regulatory Commission.
BIS's original purpose for including these ECCNs on the CCL was to
supplement Sec. 734.3 (Items subject to the EAR) under paragraph
(b)(1), which describes items that are not subject to the EAR because
they are subject to the exclusive jurisdiction of another agency of the
U.S. Government, and to supplement the jurisdiction information for the
other U.S. Government agencies found in Supplement No. 3 to part 730
(Other U.S. Government Departments and Agencies with Export Control
Responsibilities). BIS also included these ECCNs to better align the
CCL with the European Union's control lists that are primarily based on
the multilateral export control regimes. However, by including
references to other agencies' controls in specific ECCNs there is the
potential that such ECCN references will become out of date if the
other agencies update their respective regulations and the
corresponding changes are not made in the EAR cross reference in a
timely manner.
For example, on September 7, 2011 (76 FR 55278), the National
Nuclear Security Administration, Department of Energy (DOE) published a
notice of proposed rulemaking that proposed various amendments to
regulations concerning unclassified assistance to foreign atomic energy
activities. These proposed revisions were intended to reduce
uncertainties for industry users concerning which foreign nuclear
related activities by U.S. persons are ``generally authorized'' under
the regulation and which activities require a ``specific
authorization'' from the Secretary of Energy. However, if the ECCNs on
the CCL that currently refer to DOE and NRC controls are not updated,
the uncertainties for exporters, reexporters and transferors would
increase because of inconsistencies in the different regulations. Given
that the DOE and NRC respective regulations are controlling in this
area and these ECCNs are only acting as a cross reference, BIS is
proposing the removal of these ECCNs.
BIS has determined there still is utility in including general
cross references to other agencies' controls. Thus, this rule proposes
to include a general cross reference at the beginning of the CCL in a
revised Sec. 774.1 (Introduction) that would contain those ECCNs that
have been reserved and are subject to the exclusive jurisdiction of
another agency of the U.S. Government. In addition, the related control
paragraphs of ECCNs would contain cross references to controls of other
agencies to the extent that such controls are similar to or related to
the controls of certain ECCNs.
The remaining thirty-five of the forty-nine ECCNs refer to items
that are ``subject to the ITAR,'' which is maintained by the Department
of State. Given the ongoing review of the United States Munitions List
(USML) that is being conducted under the ECR Initiative, it is
premature to propose removing or revising these thirty-five ECCNs. In
addition, given the number of cross references, in particular in
Categories 7 and 9 of the CCL, to these thirty-five ECCNs, BIS
determined that removing the ECCNs that are ``subject to the ITAR''
should be addressed at a later time once the review of the USML is
completed.
(B) Changes to the CCL to conform to the removal of these fourteen
ECCNs. In addition to removing the fourteen ECCNs, this rule would also
make conforming changes to eleven ECCNs that would be retained on the
CCL. The ECCNs that would be revised by this rule contain references to
one or more of the fourteen ECCNs that would be removed.
The removal of the fourteen ECCNs should not impact the existing
controls for items subject to the EAR. However, given the
interrelationship between the fourteen ECCNs removed and the eleven
ECCNs where conforming changes would be required, BIS is particularly
interested in any comments regarding whether the proposed changes
accurately capture the intent of the previous references (i.e., the
references to the fourteen ECCNs that would be removed in the eleven
ECCNs that are retained on the CCL).
The rule would make conforming changes to the following eleven
ECCNs: 1A290, 1C107, 1C240, 1C298, 3A225, 3A226, 3A227, 3A233, 3A999,
6A005 and 6A205. This rule's proposed revisions consist of the
following:
ECCNs 3A225, 3A226, 3A227, 3A233, 6A005 and 6A205. This rule would
revise six ECCN headings (3A225, 3A226, 3A227, 3A233, 6A005 and 6A205).
This rule would take this approach to minimize the number of changes
that would need to be made, while still ensuring the headings would
reflect the intended scope of these six ECCNs.
On the CCL, these six ECCN headings include references to some of
the fourteen ECCNs that would be removed as a shorthand way of
communicating the scope of items controlled. Therefore, the removal of
these fourteen ECCNs would require that a broader description be added
to the headings of the ECCNs that would be retained. If only one of the
fourteen ECCNs that would be removed is referenced, then BIS believes
that in most cases it is easy to incorporate the text of the removed
ECCN into the heading of the ECCN that would be retained. However,
there are certain ECCNs that contain multiple references to the ECCNs
that would be removed. In the cases where multiple ECCNs are
referenced, an effort to insert all the text into the headings as a
conforming change would not be feasible. To address this issue, this
rule would add heading notes, which would provide more space to
describe the substance of the ECCNs that would be removed from the
respective headings. The end of the revised headings would include a
reference to the heading notes to alert persons classifying their items
to review the heading notes as they determine whether their item in
question was classified under the removed ECCN.
ECCNs 1A290, 1C107 and 1E001. This rule would revise three
``related controls'' paragraphs in ECCNs 1A290, 1C107 and 1E001. These
changes would revise references to one or more of the fourteen removed
ECCNs in each of the three remaining ECCNs and replace them with more
descriptive explanations in the related controls. These changes would
reduce the need for cross-referencing in the CCL to the fourteen
removed ECCNs. Another alternative would be to take the opposite
approach and instead simply use very broad descriptors for the types
[[Page 71222]]
of items that are subject to the exclusive jurisdiction of another
export control agency of the U.S. Government. BIS would welcome
comments from the public regarding whether this alternative approach of
simply using broad descriptors or some other approach not yet
considered by BIS would be better than what is proposed.
ECCN 1E001. This rule would also revise 1E001 by removing the
reference to 1C012 in the License Exception STA paragraph in the
License Exceptions section. This ECCN is subject to the exclusive
jurisdiction of another agency. Thus, License Exception STA could never
be used as the authority to export an item described in 1C012.
ECCN 1C298. This rule would revise one CCL note in ECCN 1C298 to
remove references to one or more of the fourteen ECCNs that would be
removed by this rule.
(C) Adding a general cross reference to the fourteen ECCNs that
would be removed.
In Sec. 774.1 (Introduction), this rule would redesignate the
introductory text of the section as paragraph (a) with the heading
``Scope of the control list,'' and would add a paragraph (b) with the
heading ``ECCN cross-references for items subject to the exclusive
jurisdiction of another agency.'' The introductory text of paragraph
(b) would indicate that prior to the date of publication in the Federal
Register of the final rule that would remove these fourteen ECCNs, the
CCL contained fourteen ECCNs that were included as cross references on
the CCL to the export control regulations administered by the Nuclear
Regulatory Commission. Paragraph (b) would identify ECCNs formerly
listed on the CCL that were subject to the jurisdiction of the Nuclear
Regulatory Commission at 10 CFR part 110. This rule would add a note to
paragraph (b) to indicate that ECCNs 0D001 and 0E001 (ECCNs that are
proposed to be retained on the CCL) were subject to the jurisdiction of
the Nuclear Regulatory Commission at 10 CFR part 110 or jurisdiction of
the Department of the Energy at 10 CFR part 810, but also have certain
portions that, as of the date of publication of this rule, were
``subject to the ITAR.'' These ECCNs would be retained on the CCL as a
cross reference.
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 15,
2012, 77 FR 49699 (August 16, 2012), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Export Administration Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget (OMB).
2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under control numbers 0694-0088,
``Multi-Purpose Application,'' which carries a burden hour estimate of
43.8 minutes for a manual or electronic submission. Total burden hours
associated with the PRA and OMB control number 0694-0088 are expected
to decrease slightly as a result of this rule because of the proposed
removal of ECCN 8A918. You may send comments regarding the collection
of information associated with this rule, including suggestions for
reducing the burden, to Jasmeet K. Seehra, Office of Management and
Budget (OMB), by email to Jasmeet_K._Seehra@omb.eop.gov, or by fax to
(202) 395-7285.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., generally requires an agency to prepare a regulatory
flexibility analysis for any rule subject to the notice and comment
rulemaking requirements under the Administrative Procedure Act (5
U.S.C. 553) or any other statute, unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Under section 605(b) of the RFA, however, if
the head of an agency certifies that a rule will not have a significant
economic impact on a substantial number of small entities, the statute
does not require the agency to prepare a regulatory flexibility
analysis. Pursuant to section 605(b), the Chief Counsel for Regulation,
Department of Commerce, submitted a memorandum to the Chief Counsel for
Advocacy, Small Business Administration, certifying that this proposed
rule will not have a significant economic impact on a substantial
number of small entities.
Number of Small Entities
The Bureau of Industry and Security (BIS) does not collect data on
the size of entities that apply for and are issued export licenses.
Although BIS is unable to estimate the exact number of small entities
that would be impacted by this rule, it does acknowledge that this rule
will impact some unknown number.
Economic Impact
This proposed rule is part of the Administration's Export Control
Reform (ECR) Initiative. As part of the ECR Initiative, BIS published
an advance notice of proposed rulemaking on December 9, 2010 seeking,
among other things, public comments on how descriptions of items
controlled on the CCL could be made clearer. The December 9, 2010
notice solicited public suggestions on ways to improve the descriptions
of items on the CCL to better reflect internationally accepted
standards and use industry standard terms and references. Where
objective criteria are missing from ECCNs, BIS sought specific
suggestions on what technical parameters, characteristics, thresholds,
and capabilities should be used to describe the item. BIS requested
that all suggestions in this area should include proposed revisions to
the text of ECCNs or proposed Technical Notes to ECCNs that explain
terms or phrases used in the ECCN.
Fifty public comments were received totaling over 1400 pages in
suggestions for how the CCL could be improved. The vast majority of
suggested changes that can be implemented unilaterally by the U.S.
Government involve improvements to the clarity of the CCL. These
changes are included in this proposed rule. BIS also solicited in the
December 9, 2010 notice comments on how the CCL could be made more
[[Page 71223]]
``positive,'' but given the CCL is already primarily a ``positive''
control list, most of the comments in this area focused on ways to
improve the overall use of the CCL and public understanding of the CCL.
This rule focuses on implementing a large number of changes that
would make the CCL clearer. The significance of any particular change,
when taken by itself, may not appear to make a dramatic improvement to
the clarity of the CCL, but the cumulative impact of these various
proposed changes would make a significant improvement to the CCL. BIS
believes this improved clarity would also make the control list easier
to use, in particular for those reviewing the CCL for the first time.
Improving the clarity of the CCL as described in this rule would
reduce the burden on small entities (and other entities as well) by
increasing the public's confidence in self-classifying items on the CCL
thereby reducing the amount of time it takes for the public to classify
items using the CCL. The CCL, as noted in the December 9, 2010 notice,
should be written in a clear way that allows someone who knows the
technical parameters and capabilities of an item to review the CCL,
even if it is their first time reviewing the CCL, and consistently and
easily come to the right classification determination.
Defining and using terms consistently, clarifying control
parameters to better reflect the intent of the controls, removing
references on the CCL that do not serve a clear purpose, and ensuring
that the controls are consistent with U.S. Government commitments to
the multilateral export control regimes, would make the CCL clearer and
improve the ease of use of the CCL. This would reduce the burden on
small entities (and all other entities as well). Ambiguity on the CCL
creates a burden for small entities (and all other entities as well),
so changes that make the CCL clearer would result in less burden on
these entities.
One of the comments submitted in response to the December 9, 2010
notice indicated that the overall consistency of how the CCL is
structured was an area where the CCL could be improved. The current CCL
does have many common structural elements, such as the ECCNs, Product
Groups (A-E) and Categories (0-9) following the same basic structure,
but in reviewing this comment and other public comments, BIS determined
that additional changes could be made to create greater consistency in
how the ECCN information was being communicated to the public, such as
creating a new ``Reporting Requirements'' paragraph to make it easier
for exporters classifying items to quickly determine whether a
particular item was subject to reporting requirements. Other structural
changes, such as the proposed changes to the License Exceptions section
of the ECCNs would assist the public in more easily understanding the
relationship between the License Exceptions section in ECCNs and part
740. These structural changes will reduce the burden for small entities
(and all other entities as well) by making the CCL easier to use and
more clearly communicating the relationship between the CCL and other
key provisions of the EAR, such as parts 738 and 740.
In practice, the greatest impact of this rule on small entities
would likely be reduced administrative costs and reduced delay for
exports of items. Without this rule, a company or person may have
submitted a classification to BIS because the CCL was not clear from
their perspective regarding the scope of items controlled. BIS supports
and encourages the public to submit classification requests when a
person is unsure of an item's classification, but the CCL should be
written in a clear fashion whereby a person who understands the
technical parameters and capabilities of their item does not feel a
need to submit a classification request in order to classify an item
subject to the EAR. In addition, for small entities (and all other
entities), if the CCL is clear and easy to use, a company or person may
find it easier and less expensive to train others to use the CCL. If
there is perceived ambiguity on the CCL that requires some degree of
interpretation to understand what is controlled, such ambiguity makes
it more difficult to train an entity's personnel to use the CCL. This
is not the type of control list BIS seeks. Creating control lists that
clearly communicate the scope of items controlled on the CCL and the
USML are one of the objectives of the ongoing ECR Initiative, as was
referenced in the December 9, 2010 notice. This proposed rule is not
meant to create any substantive changes. Therefore, this proposed rule
would not cause any economic impact and would result in no additional
compliance costs.
Conclusion
BIS is unable to determine the precise number of small entities
that would be affected by this rule. Based on the facts and conclusions
set forth above, BIS believes that any burdens imposed by this rule
would be offset by the improvements made to the clarity of the CCL and
the reduction in time and cost required for small entities to classify
their items using the CCL, along with understanding how the CCL relates
to other provisions of the EAR.
For these reasons, the Chief Counsel for Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this rule, if adopted in final
form, would not have a significant economic impact on a substantial
number of small entities.
List of Subjects
15 CFR Part 734
Administrative practice and procedure, Exports, Inventions and
patents, Research Science and technology.
15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 772
Exports.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 734, 740, 772, and 774 of the Export
Administration Regulations (15 CFR parts 730-774) are proposed to be
amended as follows:
PART 734--[AMENDED]
1. The authority citation for 15 CFR part 734 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61
FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of November 9, 2011, 76 FR 70319 (November 10, 2011)
Notice of August 15, 2012, 77 FR 49699 (August 16, 2012).
2. Section 734.4 is amended by revising the Note to paragraph
(a)(3) to read as follows:
Sec. 734.4 De minimis U.S. content.
* * * * *
Note to Paragraph (a)(3): QRS11 Micromachined Angular Rate
Sensors are ``subject to the ITAR,'' (see 22 CFR parts 120 through
130) except when the QRS11-00100-100/101 version of the sensor is
integrated into and included as an integral part of a commercial
primary or standby instrument system of the type described in ECCN
7A994, or aircraft of the type described in ECCN 9A991 that
incorporates a commercial primary or standby instrument that has
such a sensor integrated, or is exported solely for integration into
such systems; or when the QRS11-00050-443/569 is integrated into a
commercial automatic flight control system of the type described in
[[Page 71224]]
ECCN 7A994, or aircraft of the type described in ECCN 9A991 that
incorporates an automatic flight control system that has such a
sensor integrated, or is exported solely for integration into such a
system.
* * * * *
3. Section 734.6 is amended by revising paragraph (a) to read as
follows:
Sec. 734.6 Assistance available from BIS for determining licensing
and other requirements.
(a) If you are not sure whether a commodity, software, technology,
or activity ``subject to the EAR'' is subject to licensing or other
requirements under the EAR, you may ask BIS for an advisory opinion or
a commodity classification determination. In order to determine whether
an item is ``subject to the ITAR,'' you should review the ITAR's United
States Munitions List (see 22 CFR 120.6 and 121.1). You may also submit
a request to the Department of State, Directorate of Defense Trade
Controls, for a formal jurisdictional determination regarding the
commodity, software, technology, or activity at issue (see 22 CFR
120.4).
* * * * *
PART 740--[AMENDED]
4. The authority citation for 15 CFR part 740 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 15, 2012, 77 FR 49699 (August 16, 2012).
5. Section 740.6 is amended by revising paragraph (a)(1)(iii) to
read as follows:
Sec. 740.6 Technology and software under restriction (TSR).
(a) * * *
(1) * * *
(iii) If the direct product of the technology is a complete plant
or any major components of a plant, export to Country Groups D:1 or E:1
the direct product of the plant or major components thereof, if such
foreign produced direct product is subject to national security
controls as identified on the CCL or is ``subject to the ITAR'' (see 22
CFR parts 120 through 130).
* * * * *
PART 772--[AMENDED]
6. The authority citation for 15 CFR part 772 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
15, 2012, 77 FR 49699 (August 16, 2012).
7. Section 772.1 is amended by adding a definition for the term
``subject to the ITAR'' to read as follows:
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations (EAR).
* * * * *
Subject to the ITAR. A term used in the EAR to describe those
commodities, software, technology (e.g., technical data) and defense
services over which the U.S. Department of State, Directorate of
Defense Trade Controls (DDTC) exercises regulatory jurisdiction under
the International Traffic in Arms Regulations (ITAR) (see 22 CFR parts
120 through 130).
* * * * *
PART 774--[AMENDED]
8. The authority citation for 15 CFR part 774 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 15, 2012, 77 FR 49699 (August 16, 2012).
9. Revise Sec. 774.1 to read as follows:
Sec. 774.1 Introduction.
(a) Scope of the control list. In this part, references to the EAR
are references to 15 CFR chapter VII, subchapter C. The Bureau of
Industry and Security (BIS) maintains the Commerce Control List (CCL)
that includes ``items''--i.e., ``commodities,'' ``software,'' and
``technology''--subject to the authority of BIS. The CCL does not
include items exclusively controlled for export by another department
or agency of the U.S. Government. In instances where other agencies
administer controls over related items, entries in the CCL will often
contain a reference to these controls. In addition, those items
``subject to the EAR'' but not identified on the CCL are identified by
the designator ``EAR99.'' See Sec. 734.2(a) of the EAR for items that
are ``subject to the EAR.'' EAR Part 738 contains an explanation of the
organization of the CCL and its relationship to the Country Chart.
(b) ECCN cross-references for items subject to exclusive
jurisdiction of another agency. Prior to November 29, 2012, the CCL
contained certain ECCNs that were only included as cross references to
items subject to the export control regulations administered by the
Nuclear Regulatory Commission.
ECCNs formerly listed on the CCL that, as of November 29, 2012 were
subject to the export licensing authority of the Nuclear Regulatory
Commission at 10 CFR part 110 are: 0A001, 0B001, 0B002, 0B003, 0B004,
0B005, 0B006, 0C001, 0C002, 0C004, 0C005, 0C006, 0C201 and 1C012.
Note to paragraph (b): As of November 29, 2012 ECCN 0D001 is
subject to the export licensing authority of the Nuclear Regulatory
Commission (see 10 CFR part 110), and ECCN 0E001 is subject to the
export licensing authority of the Department of Energy (see 10 CFR part
810), but certain portions of these entries are also ``subject to the
ITAR'' (see 22 CFR parts 120 through 130). These ECCNs are retained on
the CCL as a cross reference.
(c) Where to find the CCL? The CCL is contained in Supplement No. 1
to this part, and Supplement No. 2 to this part contains the General
Technology and Software Notes relevant to entries contained in the CCL.
Supplement No. 1 to Part 774--[Amended]
10. Supplement No. 1 to part 774 (the Commerce Control List) is
amended by removing the following Export Control Classification Numbers
(ECCNs): 0A001, 0B001, 0B002, 0B003, 0B004, 0B005, 0B006, 0C001, 0C002,
0C004, 0C005, 0C006, 0C201and 1C012.
11. Supplement No. 1 to part 774 (the Commerce Control List) is
amended:
a. By removing the License Exception STA paragraph under the
License Exceptions section of the following Export Control
Classification Numbers (ECCNs): 1A002, 1C001, 1C007, 1C010, 1C012,
1D002, 1E001, 1E002, 2D001, 2E001, 2E002, 3A002, 3B001, 3D001, 3E001,
4A001, 4D001, 4E001, 5A001, 5B001, 5D001, 5E001, 6A001, 6A002, 6A003,
6A004, 6A006, 6A008, 6B008, 6D001, 6D003, 6E001, 6E002, 7D003, 7E001,
7E002, 8A001, 8A002, 8D001, 8D002, 8E001, 8E002, 9B001, 9D001, 9D002,
9D004, 9E001, 9E002, and 9E003;
b. By adding the new section heading ``Special Conditions for STA''
after the License Exceptions sections in the ECCNs identified under
instruction 18.a; and
c. By adding the License Exception STA paragraphs removed from
instruction 18.a to the new section heading ``Special Conditions for
STA'' added under instruction 18.b.
12. Supplement No. 1 to part 774 (the Commerce Control List) is
amended by removing the section headings ``License Exceptions'' from
Export Control Classification Numbers (ECCNs) and replacing those
headings with ``List
[[Page 71225]]
Based License Exceptions (See Part 740 for a complete listing of
license exceptions and requirements).''
13. Supplement No. 1 to part 774 (the Commerce Control List) is
amended by removing the ``Country Chart'' paragraph heading in the
License Requirements section in Export Control Classification Numbers
(ECCNs) and adding in its place the heading ``Country Chart (See Supp.
No. 1 to part 738).''
14. Supplement No. 1 to part 774 (the Commerce Control List) is
amended:
a. By removing the ``License Requirements Notes'' paragraphs in the
License Requirements section in the following Export Control
Classification Numbers (ECCNs): 1A002, 1C007, 1C010, 1D002, 1E001,
1E002, 2D001, 2E001, 2E002, 3A002, 3B001, 3D001, 3E001, 4A001, 4E001,
5A001, 5B001, 5D001, 5E001, 6A001, 6A002, 6A004, 6A006, 6A008, 6D001,
6D003, 6E001, 6E002, 8A001, 8A002, 8D001, 8D002, 8E001, 8E002, 9B001,
9D001, 9D002, 9E001, 9E002 and 9E003; and
b. By adding the new section ``REPORTING REQUIREMENTS See Sec.
743.1 of the EAR for reporting requirements for exports under License
Exceptions, Special Comprehensive Licenses, and Validated End-User
authorizations'' after the License Requirements section in the
following Export Control Classification Numbers (ECCNs): 1A002, 1C007,
1C010, 1D002, 1E001, 1E002, 2D001, 2E001, 2E002, 3A002, 3D001, 3E001,
4A001, 4E001, 5A001, 5B001, 5D001, 5E001, 6A001, 6A002, 6A004, 6A006,
6A008, 6D001, 6D003, 6E001, 6E002, 8A001, 8A002, 8D001, 8D002, 8E001,
8E002, 9B001, 9D001, 9D002, 9E001, 9E002 and 9E003.
15. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0A002
is amended by revising the heading to read as follows:
0A002 Power generating or propulsion equipment specially designed
for use with space, marine or mobile ``nuclear reactors''. (These
items are ``subject to the ITAR.'' See 22 CFR parts 120 through
130.)
* * * * *
16. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0A979
is amended by revising the heading to read as follows:
0A979 Police helmets and shields; and ``specially designed''
``components,'' n.e.s.
* * * * *
17. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0A981
is amended by revising the heading to read as follows:
0A981 Equipment designed for the execution of human beings as
follows (see List of Items Controlled).
* * * * *
18. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0A982
is amended by revising the heading to read as follows:
0A982 Law enforcement restraint devices, including leg irons,
shackles, and handcuffs; straight jackets; stun cuffs; shock belts;
shock sleeves; multipoint restraint devices such as restraint
chairs; and ``specially designed'' ``parts,'' ``components'' and
accessories, n.e.s.
* * * * *
19. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0A983
is amended by revising the heading to read as follows:
0A983 Specially designed implements of torture, including
thumbscrews, thumbcuffs, fingercuffs, spiked batons, and ``specially
designed'' ``parts,'' ``components'' and accessories, n.e.s.
* * * * *
20. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0A984
is amended:
a. By revising the first ``CC'' paragraph in the License
Requirements section; and
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
0A984 Shotguns with barrel length 18 inches (45.72 cm) or over;
receivers; barrels of 18 inches (45.72 cm) or longer but not longer
than 24 inches (60.96 cm); complete trigger mechanisms; magazines
and magazine extension tubes; complete breech mechanisms; buckshot
shotgun shells; except equipment used exclusively to treat or
tranquilize animals, and except arms designed solely for signal,
flare, or saluting use.
License Requirements
Reason for Control: * * *
Control(s) Country chart
* * * * *
CC applies to shotguns with a CC Column 1
barrel length greater than or
equal to 18 in. (45.72 cm), but
less than 24 in. (60.96 cm),
shotgun ``components''
controlled by this entry, and
buckshot shotgun shells
controlled by this entry,
regardless of end-user
* * * * *
* * * * *
List of Items Controlled
* * * * *
Related Controls: This entry does not control shotguns with a barrel
length of less than 18 inches (45.72 cm). These items are ``subject
to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
21. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0A985
is amended by revising the heading to read as follows:
0A985 Discharge type arms and devices to administer electric shock,
for example, stun guns, shock batons, shock shields, electric cattle
prods, immobilization guns and projectiles; except equipment used
exclusively to treat or tranquilize animals, and except arms
designed solely for signal, flare, or saluting use; and ``specially
designed'' ``parts'' and ``components,'' n.e.s.
* * * * *
22. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0A986
is amended by revising the heading to read as follows:
0A986 Shotgun shells, except buckshot shotgun shells, ``specially
designed'' ``parts'' and ``components.''
* * * * *
23. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0A987
is amended by revising the heading to read as follows:
[[Page 71226]]
0A987 Optical sighting devices for firearms (including shotguns
controlled by 0A984); and ``components'' as follows (see list of
items controlled).
* * * * *
24. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0D001
is amended:
a. By revising the heading; and
b. By revising the second Control(s) paragraph in the License
Requirements section to read as follows:
0D001 ``Software'' specially designed or modified for the
``development,'' ``production'' or ``use'' of commodities described
in 0A001, 0A002, 0B (except 0B986 and 0B999), or 0C.
License Requirements
Reason for Control:
Control(s)
* * * * *
``Software'' for items described in 0A002 is ``subject to the
ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
25. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A001 is amended:
a. By revising the heading; and
b. By revising the ``Related Controls'' paragraph (1) in the List
of Items Controlled section to read as follows:
1A001 ``Parts'' and ``components'' made from fluorinated compounds,
as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) Items specially designed or modified for
missiles or for items on the U.S. Munitions List are ``subject to
the ITAR'' (see 22 CFR parts 120 through 130, including USML
Category XXI).
* * * * *
26. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A002 is amended by revising the ``Related Controls'' paragraph
(3) in the List of Items Controlled section to read as follows:
1A002 ``Composite'' structures or laminates, having any of the
following (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (3) ``Composite'' structures specially
designed for missile applications (including specially designed
subsystems, and ``parts'' and ``components'') are controlled by ECCN
9A110.
* * * * *
27. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A004 is amended:
a. By revising the heading;
b. By revising ``Related Controls'' paragraph (4);
c. By revising the introductory text of ``items'' paragraphs a and
c; and
d. By revising Technical Notes ``1'' in the List of Items
Controlled section to read as follows:
1A004 Protective and detection equipment and ``parts'' and
``components,'' not specially designed for military use, as follows
(see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (4) Chemical and biological protective and
detection equipment specifically designed, developed, modified,
configured, or adapted for military applications is ``subject to the
ITAR'' (see 22 CFR parts 120 through 130, including USML Category
XIV(f)), as is commercial equipment that incorporates ``parts'' or
``components'' controlled under that category except for domestic
preparedness devices for individual protection that integrate
``components'' and ``parts'' identified in USML Category XIV(f)(4)
when such ``parts'' or ``components'' are: (1) Integral to the
device; (2) inseparable from the device; and (3) incapable of
replacement without compromising the effectiveness of the device, in
which case the equipment is ``subject to the EAR'' under ECCN 1A004.
Related Definitions: * * *
Items:
* * * * *
a. Gas masks, filter canisters and decontamination equipment
therefor, designed or modified for defense against any of the
following, and specially designed ``parts'' and ``components''
therefor:
* * * * *
c. Detection systems, specially designed or modified for
detection or identification of any of the following, and specially
designed ``parts'' and ``components'' therefor:
* * * * *
Technical Notes:
1. 1A004 includes equipment, ``parts'' and ``components'' that have
been `identified,' successfully tested to national standards or
otherwise proven effective, for the detection of or defense against
radioactive materials ``adapted for use in war,'' biological agents
``adapted for use in war,'' chemical warfare agent, `simulants' or
``riot control agents,'' even if such equipment, ``parts'' or
``components'' are used in civil industries such as mining,
quarrying, agriculture, pharmaceuticals, medical, veterinary,
environmental, waste management, or the food industry.
* * * * *
28. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A005 is amended:
a. By revising the heading;
b. By revising the ``Related Controls'' paragraph (1) in the List
of Items Controlled section; and
c. By revising ``items'' paragraph a to read as follows:
1A005 Body armor, and specially designed ``parts'' and
``components'' therefor, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) Bulletproof and bullet resistant vests (body
armor) NIJ levels III and IV, are ``subject to the ITAR'' (see 22
CFR parts 120 through 130, including USML Categories X(a) and
XIII(e)). * * *
Related Definitions: * * *
Items:
a. Soft body armor not manufactured to military standards or
specifications, or to their equivalents, and specially designed
``parts'' and ``components'' therefor;
* * * * *
29. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A006 is amended:
a. By revising the heading; and
b. By revising the ``Related Controls'' paragraph to read as
follows:
1A006 Equipment, specially designed or modified for the disposal of
improvised explosive devices, as follows (see List of Items
Controlled), and specially designed ``parts,'' ``components'' and
accessories therefor.
* * * * *
List of Items Controlled
* * * * *
Related Controls: Equipment specially designed for military use for
the disposal of improvised explosive devices is ``subject to the
ITAR'' (see 22 CFR parts 120 through 130, including USML Category
IV).
* * * * *
30. In Supplement No. 1 to part 774 (the Commerce Control List),
Category
[[Page 71227]]
1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A007 is amended by revising the ``Related Controls'' paragraph
in the List of Items Controlled section to read as follows:
1A007 Equipment and devices, specially designed to initiate charges
and devices containing energetic materials, by electrical means, as
follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) Equipment and devices specially designed for
military use are ``subject to the ITAR'' (see 22 CFR parts 120
through 130). (2) This entry does not control detonators using only
primary explosives, such as lead azide. (3) See also 3A229. (4) See
1E001 for ``development'' and ``production'' technology controls,
and 1E201 for ``use'' technology controls.
* * * * *
31. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A008 is amended:
a. By revising the heading;
b. By revising the introductory text of ``Related Controls''
paragraph (1) and the ``Related Controls'' paragraph (2) in the List of
Items Controlled section; and
c. By revising the introductory text of ``items'' paragraph b to
read as follows:
1A008 Charges, devices and ``parts'' and ``components,'' as follows
(see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) All of the following are ``subject to the
ITAR'' (see 22 CFR parts 120 through 130): * * * (2) See also ECCNs
1C011, 1C018, 1C111, and 1C239 for additional controlled energetic
materials. See ECCN 1E001 for the ``development'' or ``production''
``technology'' for the commodities controlled by ECCN 1A008, but not
for explosives or commodities that are ``subject to the ITAR.''
* * * * *
Items:
* * * * *
b. Linear shaped cutting charges having all of the following,
and specially designed ``parts'' and ``components'' therefor:
* * * * *
32. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A101 is amended:
a. By revising the heading; and
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled to read as follows:
1A101 Devices for reduced observables such as radar reflectivity,
ultraviolet/infrared signatures and acoustic signatures, for
applications usable in rockets, missiles, or unmanned aerial
vehicles capable of achieving a ``range'' equal to or greater than
300 km or their complete subsystems.
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) See also 1C101. (2) For commodities that meet
the definition of defense articles under 22 CFR 120.3 of the
International Traffic in Arms Regulations (ITAR), which describes
similar commodities ``subject to the ITAR'' (See 22 CFR parts 120
through 130, including USML Category XIII).
* * * * *
33. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A102 is amended by revising the heading to read as follows:
1A102 Resaturated pyrolized carbon-carbon ``parts'' and
``components'' designed for rockets, missiles, or unmanned aerial
vehicles capable of achieving a ``range'' equal to or greater than
300km. (These items are ``subject to the ITAR.'' See 22 CFR parts
120 through 130.)
* * * * *
34. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A290 is amended by revising the ``Related Controls'' paragraphs
(1) and (3) in the List of Items Controlled section to read as follows:
1A290 Depleted uranium (any uranium containing less than 0.711% of
the isotope U-235) in shipments of more than 1,000 kilograms in the
form of shielding contained in X-ray units, radiographic exposure or
teletherapy devices, radioactive thermoelectric generators, or
packaging for the transportation of radioactive materials.
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) This entry does not control depleted uranium
in fabricated forms for use in munitions. See 22 CFR part 121 for
depleted uranium ``subject to the ITAR'' * * * (3) ``Natural
uranium'' or ``depleted uranium'' or thorium in the form of metal,
alloy, chemical compound or concentrate and any other material
containing one or more of the foregoing are subject to the export
licensing authority of the Nuclear Regulatory Commission (see 10 CFR
part 110).
* * * * *
35. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A985 is amended by revising the ``Related Controls'' paragraph
in the List of Items Controlled section to read as follows:
1A985 Fingerprinting powders, dyes, and inks.
* * * * *
List of Items Controlled
* * * * *
Related Controls: See 3A981.
* * * * *
36. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A995 is amended by revising the heading to read as follows:
1A995 Protective and detection equipment not specially designed for
military use and not controlled by ECCN 1A004 or ECCN 2B351, as
follows (see List of Items Controlled), and ``parts'' and
``components'' not specially designed for military use and not
controlled by ECCN 1A004 or ECCN 2B351 therefor.
* * * * *
37. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1B001 is amended:
a. By revising the heading; and
b. By revising ``items'' paragraph f.2 in the List of Items
Controlled section to read as follows:
1B001 Equipment for the production or inspection of ``composite''
structures or laminates controlled by 1A002 or ``fibrous or
filamentary materials'' controlled by 1C010, as follows (see List of
Items Controlled), and specially designed ``parts,'' ``components''
and accessories therefor.
List of Items Controlled
* * * * *
Items:
* * * * *
[[Page 71228]]
f.2. Numerically controlled ultrasonic testing machines of which
the motions for positioning transmitters or receivers are
simultaneously coordinated and programmed in four or more axes to
follow the three dimensional contours of the ``part'' or
``component'' under inspection;
* * * * *
38. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1B003 is amended:
a. By revising ``Related Controls'' paragraph in the List of Items
Controlled section; and
b. By revising ``items'' paragraph c to read as follows:
1B003 Tools, dies, molds or fixtures, for ``superplastic forming''
or ``diffusion bonding'' titanium, aluminum or their alloys,
specially designed for the manufacture of any of the following (see
List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: For specially designed production equipment of
systems, sub-systems, and ``parts'' and ``components'' controlled by
9A005 to 9A009, 9A011, 9A101, 9A105 to 9A109, 9A111, and 9A116 to
9A120 usable in ``missiles,'' see 9B115.
* * * * *
Items:
* * * * *
c. Specially designed ``parts'' and ``components'' for
structures specified by 1B003.a or for engines specified by 1B003.b.
* * * * *
39. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1B101 is amended:
a. By revising the heading; and
b. By revising ``Related Definitions'' paragraph in the List of
Items Controlled section to read as follows:
1B101 Equipment, other than that controlled by 1B001, for the
``production'' of structural composites, fibers, prepregs or
preforms, usable for rockets, missiles, or unmanned aerial vehicles
capable of achieving a ``range'' equal to or greater than 300 km and
their subsystems, as follows (see List of Items Controlled); and
specially designed ``parts,'' ``components'' and accessories
therefor.
* * * * *
List of Items Controlled
* * * * *
Related Definitions: Examples of ``parts,'' ``components'' and
accessories for the machines controlled by this entry are molds,
mandrels, dies, fixtures and tooling for the preform pressing,
curing, casting, sintering or bonding of composite structures,
laminates and manufactures thereof.
* * * * *
40. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1B102 is amended:
a. By revising the heading;
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section; and
c. By revising the introductory text of ``items'' paragraph b to
read as follows:
1B102 Metal powder ``production equipment,'' other than that
specified in 1B002, and ``parts'' and ``components'' as follows (see
List of Items Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number; ``parts'' and ``components'' in $ value
* * * * *
Items:
* * * * *
b. Specially designed ``parts'' and ``components'' for
``production equipment'' specified in 1B002 or 1B102.a.
* * * * *
41. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1B115 is amended:
a. By revising the heading; and
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section to read as follows:
1B115 Equipment, other than that controlled in 1B002 or 1B102, for
the ``production'' of propellant or propellant constituents (see
List of Items Controlled), and specially designed ``parts'' and
``components'' therefor.
* * * * *
List of Items Controlled
Unit: Equipment in number; ``parts'' and ``components'' in $ value
* * * * *
42. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1B117 is amended:
a. By revising the heading;
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section; and
c. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
1B117 Batch mixers with provision for mixing under vacuum in the
range from zero to 13.326 kPa and with temperature control
capability of the mixing chamber and having all of the following
characteristics (see List of Items Controlled), and specially
designed ``parts'' and ``components'' therefor.
* * * * *
List of Items Controlled
Unit: Equipment in number; ``parts'' and ``components'' in $ value
Related Controls: See 1B115, 1B118, and 1B119.
* * * * *
43. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1B118 is amended:
a. By revising the heading;
b. By revising ``Unit'' paragraph in the List of Items Controlled
section; and
c. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
1B118 Continuous mixers with provision for mixing under vacuum in
the range from zero to 13.326 kPa and with temperature control
capability of the mixing chamber and having any of the following
characteristics (see List of Items Controlled), and specially
designed ``parts'' and ``components'' therefor.
* * * * *
List of Items Controlled
Unit: Equipment in number; ``parts'' and ``components'' in $ value
Related Controls: See 1B115, 1B117, and 1B119.
* * * * *
44. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1B119 is amended:
a. By revising the heading;
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section; and
c. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
1B119 Fluid energy mills usable for grinding or milling propellant
or propellant constituents specified in 1C011.a, 1C011.b or 1C111,
or on the U.S. Munitions List, and specially
[[Page 71229]]
designed ``parts'' and ``components'' therefor.
* * * * *
List of Items Controlled
Unit: Equipment in number; ``parts'' and ``components'' in $ value
Related Controls: See 1B115, 1B117 and 1B118.
* * * * *
45. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1B225 is amended by revising the ``Related Controls'' paragraph
in the List of Items Controlled section to read as follows:
1B225 Electrolytic cells for fluorine production with a production
capacity greater than 250 g of fluorine per hour.
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) See ECCNs 1E001 (``development'' and
``production'') and 1E201 (``use'') for technology for items
controlled by this entry. (2) See ECCN 1B999 for specific processing
equipment, n.e.s.
* * * * *
46. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C002 is amended by revising ``items'' paragraph c.1.a to read
as follows:
1C002 Metal alloys, metal alloy powder and alloyed materials, as
follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
c.1.a. Nickel alloys (Ni-Al-X, Ni-X-Al) qualified for turbine
engine ``parts'' or ``components,'' i.e. with less than 3 non-
metallic particles (introduced during the manufacturing process)
larger than 100 [micro]m in 109 alloy particles;
* * * * *
47. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C007 is amended by revising ``items'' paragraph e.3 to read as
follows:
1C007 Ceramic base materials, non-``composite'' ceramic materials,
ceramic-``matrix'' ``composite'' materials and precursor materials,
as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
e.3. Polycarbosilazanes (for producing ceramics with silicon,
carbon and nitrogen ``parts'' and ``components'');
* * * * *
48. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C011 is amended by revising the introductory text of the
``Related Controls'' paragraph (2) in the List of Items Controlled to
read as follows:
1C011 Metals and compounds, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (2) All of the following are ``subject to
the ITAR'' (see 22 CFR parts 120 through 130): * * *
* * * * *
49. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C101 is amended by revising the ``Related Controls'' paragraph
(3) in the List of Items Controlled to read as follows:
1C101 Materials for Reduced Observables such as Radar Reflectivity,
Ultraviolet/Infrared Signatures and Acoustic Signatures (i.e.,
Stealth Technology), Other than Those Controlled by 1C001, for
applications usable in rockets, missiles, or unmanned aerial
vehicles capable of achieving a ``range'' equal to or greater than
300km, and their subsystems.
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (3) For commodities that meet the definition
of defense articles under 22 CFR 120.3 of the International Traffic
in Arms Regulations (ITAR), which describes similar commodities
``subject to the ITAR'' (See 22 CFR parts 120 through 130, including
USML Category XIII).
* * * * *
50. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C102 is amended by revising the heading to read as follows:
1C102 Resaturated pyrolized carbon-carbon materials designed for
space launch vehicles specified in 9A004 or sounding rockets
specified in 9A104. (These items are ``subject to the ITAR.'' See 22
CFR parts 120 through 130.)
* * * * *
51. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C107 is amended by revising the ``Related Controls'' paragraph
in the List of Items Controlled section to read as follows:
1C107 Graphite and ceramic materials, other than those controlled by
1C007, which can be machined to any of the following products as
follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) See also 1C004, 1C007, and 1C298. (2) For
commodities that meet the definition of defense articles under 22
CFR 120.3 of the ITAR, which describes similar commodities ``subject
to the ITAR'' (See 22 CFR parts 120 through 130, including USML
Category XIII). (3) ``Special fissile materials'' and ``other
fissile materials''; except, four ``effective grams'' or less when
contained in a sensing component in instruments are subject to the
export licensing authority of the Nuclear Regulatory Commission (see
10 CFR part 110).
* * * * *
52. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C111 is amended by revising the ``Related Controls'' paragraphs
(1) and (2) in the List of Items Controlled to read as follows:
1C111 Propellants and constituent chemicals for propellants, other
than those specified in 1C011, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) Butacene, as defined by 1C111.c.1, and some
HTPB are ``subject to the ITAR.'' (See 22 CFR parts 120 through 130,
including USML Category V, other ferrocene derivatives). (2) See
1C018 for controls on oxidizers that are composed of fluorine and
one or more of the following--other halogens, oxygen, or nitrogen.
Solid
[[Page 71230]]
oxidizer substances are ``subject to the ITAR'' (see 22 CFR parts
120 through 130, including USML Category V). * * *
* * * * *
53. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C117 is amended:
a. By revising the heading; and
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
1C117 Materials for the fabrication of missile ``parts'' or
``components'' for rockets or missiles capable of achieving a
``range'' equal to or greater than 300 km, as follows (see List of
Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: See 1C226.
* * * * *
54. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C233 is amended by revising the ``Related Controls'' paragraph
in the List of Items Controlled section to read as follows:
1C233 Lithium enriched in the lithium-6 (\6\Li) isotope to greater
than its natural isotopic abundance, and products or devices
containing enriched lithium, as follows: elemental lithium, alloys,
compounds, mixtures containing lithium, manufactures thereof, and
waste or scrap of any of the foregoing.
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) See ECCNs 1E001 (``development'' and
``production'') and 1E201 (``use'') for technology for items
controlled by this entry. (2) See ECCN 1B233 for lithium isotope
separation facilities or plants, and equipment therefor. (3)
Facilities or plants specially designed or prepared for the
separation of lithium isotopes are subject to the export licensing
authority of the Nuclear Regulatory Commission (see 10 CFR part
110).
55. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C239 is amended by revising the ``Related Controls'' paragraph
(3) in the List of Items Controlled to read as follows:
1C239 High explosives, other than those controlled by the U.S.
Munitions List, or substances or mixtures containing more than 2% by
weight thereof, with a crystal density greater than 1.8 g/cm\3\ and
having a detonation velocity greater than 8,000 m/s.
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (3) High explosives for military use are
``subject to the ITAR'' (see 22 CFR part 121.12).
* * * * *
56. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C240 is amended by revising the heading to read as follows:
1C240 Nickel powder or porous nickel metal, other than nickel powder
or porous nickel metal, specially prepared for the manufacture of
gaseous diffusion barriers subject to the export licensing authority
of the Nuclear Regulatory Commission (see 10 CFR part 110), as
follows (see List of Items Controlled).
* * * * *
57. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C298 is amended:
a. By revising the License Requirement Note paragraph in the
License Requirements section; and
b. By revising the Related Controls paragraph in the List of Items
Controlled section to read as follows:
1C298 Graphite with a boron content of less than 5 parts per million
and a density greater than 1.5 grams per cubic centimeter that is
intended for use other than in a nuclear reactor.
License Requirements
* * * * *
License Requirement Note: Some graphite intended for use in a
nuclear reactor is subject to the export licensing authority of the
Nuclear Regulatory Commission (see 10 CFR part 110).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) See also 1C107. (2) Graphite having a purity
level of less than 5 parts per million ``boron equivalent'' as
measured according to ASTM standard C-1233-98 and intended for use
in a nuclear reactor is subject to the export licensing authority of
the Nuclear Regulatory Commission (see 10 CFR part 110).
* * * * *
58. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C350 is amended:
a. By revising ``Note to Mixtures'' paragraph b and ``Technical
Notes'' paragraph 1 in the License Requirements section; and
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled to read as follows:
1C350 Chemicals that may be used as precursors for toxic chemical
agents.
License Requirements
* * * * *
Licenses Requirements Notes:
* * * * *
2. * * *
* * * * *
Notes to Mixtures: * * *
* * * * *
b. Percent Weight Calculation. When calculating the percentage,
by weight, of ``parts'' or ``components'' in a chemical mixture,
include all ``parts'' and ``components'' of the mixture, including
those that act as solvents.
* * * * *
Technical Notes: * * *
1. For purposes of this entry, a ``mixture'' is defined as a
solid, liquid or gaseous product made up of two or more ``parts'' or
``components'' that do not react together under normal storage
conditions.
* * * * *
List of Items Controlled
* * * * *
Related Controls: See USML Category XIV(c) for related chemicals
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
59. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C351 is amended by revising the ``Related Controls'' paragraph
(1) in the List of Items Controlled to read as follows:
1C351 Human and zoonotic pathogens and ``toxins,'' as follows (see
List of Items Controlled).
* * * * *
List of Items Controlled
Related Controls: (1) Certain forms of ricin and saxitoxin in
1C351.d.5. and d.6 are CWC Schedule 1 chemicals (see Sec. 742.18 of
the EAR). The U.S. Government must provide advance notification and
annual reports to the OPCW of all exports of Schedule 1 chemicals.
See Sec. 745.1 of the EAR for notification procedures. See USML
[[Page 71231]]
Category XIV and Sec. 121.7 for additional CWC Schedule 1 chemicals
that are ``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * *
* * * * *
60. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C355 is amended;
a. By revising the heading; and
b. By revising ``Note to Mixtures'' paragraph b and ``Technical
Notes'' paragraph 1 in the License Requirements section to read as
follows:
1C355 Chemical Weapons Convention (CWC) Schedule 2 and 3 chemicals
and families of chemicals not controlled by ECCN 1C350 or ``subject
to the ITAR'' (see 22 CFR parts 120 through 130).
License Requirements
* * * * *
Licenses Requirements Notes:
* * * * *
2. * * *
* * * * *
Notes to Mixtures: * * *
* * * * *
b. Percent Weight Calculation. When calculating the percentage,
by weight, of ``parts'' or ``components'' in a chemical mixture,
include all ``parts'' and ``components'' of the mixture, including
those that act as solvents.
* * * * *
Technical Notes: * * *
1. For purposes of this entry, a ``mixture'' is defined as a
solid, liquid or gaseous product made up of two or more ``parts'' or
``components'' that do not react together under normal storage
conditions.
* * * * *
61. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C992 is amended by revising the ``Related Definitions''
paragraphs (1), (3) and (4) in the List of Items Controlled to read as
follows:
1C992 Commercial charges and devices containing energetic materials,
n.e.s. and nitrogen trifluoride in a gaseous state.
* * * * *
List of Items Controlled
* * * * *
Related Definitions: (1) Items controlled by this entry 1C992 are
those materials not ``subject to the ITAR'' (see 22 CFR parts 120
through 130) or controlled by ECCN 1C018. * * * (3) The individual
USML controlled energetic materials, even when compounded with other
materials, remain ``subject to the ITAR'' when not incorporated into
explosive devices or charges controlled by this entry. (4)
Commercial prefabricated slurries and emulsions containing greater
than 35% of USML controlled energetic materials are ``subject to the
ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
62. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C996 is amended by revising the heading to read as follows:
1C996 Hydraulic fluids containing synthetic hydrocarbon oils, not
controlled by 1C006, having all the following characteristics (see
List of Items Controlled).
* * * * *
63. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1D002 is amended by revising the ``Related Controls'' paragraph
in the List of Items Controlled to read as follows:
1D002 ``Software'' for the ``development'' of organic ``matrix,''
metal ``matrix'' or carbon ``matrix'' laminates or ``composites''.
* * * * *
List of Items Controlled
* * * * *
Related Controls: ``Software'' for items controlled by 1A102 are
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
64. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1D103 is amended:
a. By revising the heading; and
b. By revising the ``Related Controls'' paragraph (2) in the List
of Items Controlled to read as follows:
1D103 ``Software'' specially designed for reduced observables such
as radar reflectivity, ultraviolet/infrared signatures and acoustic
signatures, for applications usable in rockets, missiles, or
unmanned aerial vehicles capable of delivering at least a 500 kg
payload to a ``range'' equal to or greater than 300 km and their
complete subsystems.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * * (2) For software that meets the definition
of defense articles under 22 CFR 120.3 of the International Traffic
in Arms Regulations (ITAR), which describes similar software that
are ``subject to the ITAR'' (see 22 CFR parts 120 through 130,
including USML Category XIII).
* * * * *
65. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1D993 is amended by revising the heading to read as follows:
1D993 ``Software'' specially designed for the ``development,''
``production'' or ``use'' of materials controlled by 1C210.b, or
1C990.
* * * * *
66. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1E001 is amended:
a. By revising the License Exception TSR paragraph (2) introductory
text in the License Exceptions section;
b. By revising the Special Conditions for License Exception STA
section; and
c. By revising the ``Related Controls'' paragraph (4) in the List
of Items Controlled section to read as follows:
1E001 ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of items controlled by
1A001.b, 1A001.c, 1A002, 1A003, 1A004, 1A005, 1A006.b, 1A007, 1A008,
1A101, 1B (except 1B999), or 1C (except 1C355, 1C980 to 1C984,
1C988, 1C990, 1C991, 1C995 to 1C999).
* * * * *
License Exceptions
* * * * *
TSR: * * *
(2) Exports and reexports to destinations outside of those 36
countries listed in Sec. 740.20(c)(1) (License Exception STA) of
``technology'' for the ``development'' or production'' of the
following:
* * * * *
Special Conditions for License Exception STA
License Exception STA may not be used to ship or transmit
``technology'' according to the General Technology Note for the
``development'' or ``production'' of equipment and materials
specified by ECCNs 1A002, 1C001, 1C007.c or d, or 1C010.c or d to
any of the eight destinations listed in Sec. 740.20(c)(2) of the
EAR.
List of Items Controlled
* * * * *
Related Controls: * * * (4) ``Technology'' for items described in
ECCN 1A102 is ``subject
[[Page 71232]]
to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
67. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1E101 is amended by revising the ``Related Controls'' paragraph
in the List of Items Controlled to read as follows:
1E101 ``Technology,'' in accordance with the General Technology
Note, for the ``use'' of commodities and software controlled by
1A101, 1A102, 1B001, 1B101, 1B102, 1B115 to 1B119, 1C001, 1C007,
1C011, 1C101, 1C107, 1C111, 1C116, 1C117, 1C118, 1D001, 1D101, or
1D103.
* * * * *
List of Items Controlled
* * * * *
Related Controls: ``Technology'' for items controlled by 1A102 is
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
68. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2A001 is amended:
a. By revising the heading; and
b. By revising the ``Related Controls'' paragraph (2) in the List
of Items Controlled section to read as follows:
2A001 Anti-friction bearings and bearing systems, as follows, (see
List of Items Controlled) and ``parts'' and ``components'' therefor.
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (2) Quiet running bearings are ``subject to
the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
69. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2A291 is amended:
a. By revising the heading;
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section;
c. By revising the ``Related Controls'' paragraph (5) in the List
of Items Controlled; and
d. By revising the ``items'' paragraph d in the List of Items
Controlled section to read as follows:
2A291 Equipment, except items controlled by 2A290, related to
nuclear material handling and processing and to nuclear reactors,
and ``parts,'' ``components'' and accessories therefor (see List of
Items Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number; ``parts,'' ``components'' and accessories
in $ value
Related Controls: * * * (5) Nuclear radiation detection and
measurement devices specially designed or modified for military
purposes are ``subject to the ITAR'' (see 22 CFR parts 120 through
130).
* * * * *
Items:
* * * * *
d. Commodities, ``parts,'' ``components'' and accessories
specially designed or prepared for use with nuclear plants (e.g.,
snubbers, airlocks, pumps, reactor fuel charging and discharging
equipment, containment equipment such as hydrogen recombiner and
penetration seals, and reactor and fuel inspection equipment,
including ultrasonic or eddy current test equipment).
* * * * *
70. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2A292 is amended by revising the ``Unit'' paragraph in the List
of Items Controlled section to read as follows:
2A292 Piping, fittings and valves made of, or lined with, stainless
steel, copper-nickel alloy or other alloy steel containing 10% or
more nickel and/or chromium.
* * * * *
List of Items Controlled
Unit: Pressure tubes, pipes, and fittings in kilograms; ``parts,''
``components'' and valves in number
* * * * *
71. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2A983 is amended by revising the heading to read as follows:
2A983 Explosives or detonator detection equipment, both bulk and
trace based, consisting of an automated device, or combination of
devices for automated decision making to detect the presence of
different types of explosives, explosive residue, or detonators; and
``parts'' and ``components,'' n.e.s.
* * * * *
72. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2A984 is amended:
a. By revising the heading; and
b. By revising the ``Related Controls'' paragraph (1) in the List
of Items Controlled section to read as follows:
2A984 Concealed object detection equipment operating in the
frequency range from 30 GHz to 3000 GHz and having a spatial
resolution of 0.5 milliradian up to and including 1 milliradian at a
standoff distance of 100 meters; and ``parts'' and ``components,''
n.e.s.
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) Concealed object detection equipment operating
in the frequency range from 30 GHz to 3000 GHz and having a spatial
resolution less than 0.5 milliradian (a lower milliradian number
means a more accurate image resolution) at a standoff distance of
100 meters is ``subject to the ITAR'' (see 22 CFR parts 120 through
130).
* * * * *
73. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2A991 is amended:
a. By revising the ``Related Controls'' paragraph (2) in the List
of Items Controlled section; and
b. By revising the introductory text of paragraphs a, a.2, and b.1
of the ``items'' paragraph in the List of Items Controlled section to
read as follows:
2A991 Bearings and bearing systems not controlled by 2A001.
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (2) Quiet running bearings are ``subject to
the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
Items:
a. Ball bearings or Solid ball bearings, having tolerances
specified by the manufacturer in accordance with ABEC 7, ABEC 7P, or
ABEC 7T or ISO Standard Class 4 or better (or equivalents) and
having any of the following characteristics.
* * * * *
a.2. With lubricating elements or ``part'' or ``component''
modifications that, according to the manufacturer's specifications,
are specially designed to enable the bearings to operate at speeds
exceeding 2.3 million DN.
* * * * *
b. * * *
b.1. With lubricating elements or ``part'' or ``component''
modifications that, according to the manufacturer's specifications,
are specially designed to enable the bearings to operate at speeds
exceeding 2.3 million DN; or
* * * * *
74. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2A994 is amended by revising the heading to read as follows:
[[Page 71233]]
2A994 Portable electric generators and specially designed ``parts''
and ``components.''
* * * * *
75. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B001 is amended:
a. By revising the heading;
b. By revising the parenthetical phrase following sentence (2) of
the NP paragraph in the License Requirements section;
c. By revising the ``Unit'' paragraph in the List of Items
Controlled section; and
d. By revising Note 2 paragraph d and the introductory text to
``items'' paragraph f in the List of Items Controlled section to read
as follows:
2B001 Machine tools and any combination thereof, for removing (or
cutting) metals, ceramics or ``composites,'' which, according to the
manufacturer's technical specifications, can be equipped with
electronic devices for ``numerical control''; and specially designed
``parts'' and ``components'' as follows (see List of Items
Controlled).
License Requirements
Reason for Control: * * *
Control(s) Country chart
* * * * *
NP applies to 2B001.a, .b, .c, NP Column 1
and .d, EXCEPT: * * * (2) * * *
(Machines may have drilling and/
or milling capabilities for
machining ``parts'' and
``components'' with diameters
less than 42 mm); * * *
* * * * *
* * * * *
List of Items Controlled
Unit: Machine tools in number; ``parts'' and ``components'' in $
value
* * * * *
Items:
* * * * *
Note 2: * * *
d. Engraved or faceted jewellery ``parts'' and ``components.''
* * * * *
f. Deep hole drilling machines and turning machines modified for
deep hole drilling, having a maximum depth of bore capability
exceeding 5 m and specially designed ``parts'' and ``components''
therefor.
* * * * *
76. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B003 is amended:
a. By revising the heading;
b. By removing the License Requirement Notes section; and
c. By revising the ``Unit'' paragraph in the List of Items
Controlled section to read as follows:
2B003 ``Numerically controlled'' or manual machine tools, and
specially designed ``parts,'' ``components,'' controls and
accessories therefor, specially designed for the shaving, finishing,
grinding or honing of hardened (Rc = 40 or more) spur,
helical and double-helical gears with a pitch diameter exceeding
1,250 mm and a face width of 15% of pitch diameter or larger
finished to a quality of AGMA 14 or better (equivalent to ISO 1328
class 3).
* * * * *
List of Items Controlled
Unit: Machine Tools in number; ``parts,'' ``components,'' controls
and accessories in $ value
* * * * *
77. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B004 is amended:
a. By revising the heading: and
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section to read as follows:
2B004 Hot ``isostatic presses'' having all of the characteristics
described in the List of Items Controlled, and specially designed
``parts'' and ``components'' and accessories therefor.
* * * * *
List of Items Controlled
Unit: Presses in number; ``parts,'' ``components'' and accessories
in $ value
* * * * *
78. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B005 is amended by revising the heading to read as follows:
2B005 Equipment specially designed for the deposition, processing
and in-process control of inorganic overlays, coatings and surface
modifications, as follows, for non-electronic substrates, by
processes shown in the Table and associated Notes following 2E003.f
(see List of Items Controlled), and specially designed automated
handling, positioning, manipulation and control ``parts'' and
``components'' therefor.
* * * * *
79. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B105 is amended by revising related controls (3) in the
``Related Controls'' paragraph in the List of Items Controlled section
to read as follows:
2B105 Chemical vapor deposition (CVD) furnaces, other than those
controlled by 2B005.a, designed or modified for the densification of
carbon-carbon composites.
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (3) Also see ECCNs 2B005, 2B117, 2B226 and
2B227.
* * * * *
80. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B109 is amended:
a. By revising the heading;
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section; and
c. By revising ``Technical Notes'' paragraph (2) to read as
follows:
2B109 Flow-forming machines, other than those controlled by 2B009,
and specially designed ``parts'' and ``components'' therefor (see
List of Items Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number; ``parts'' and ``components'' in $ value
* * * * *
Items:
* * * * *
Technical Notes:
* * * * *
2. 2B109 does not control machines that are not usable in the
``production'' of propulsion ``parts,'' ``components'' and equipment
(e.g., motor cases) for systems in 9A005, 9A007.a, or 9A105.a.
81. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B116 is amended:
a. By revising the heading; and
b. By revising related controls (3) in the ``Related Controls''
paragraph in the List of Items Controlled section to read as follows:
2B116 Vibration test systems and equipment, usable for rockets,
missiles, or unmanned aerial vehicles capable of achieving a
``range'' equal to or greater than 300 km and their subsystems, and
``parts'' and ``components'' therefor, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (3) Also see ECCNs 9B106 and 9B990.
* * * * *
[[Page 71234]]
82. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B201 is amended:
a. By revising the heading;
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section; and
c. By revising the Note to paragraph a to read as follows:
2B201 Machine tools, other than those controlled by 2B001, for
removing or cutting metals, ceramics or ``composites,'' which,
according to manufacturer's technical specifications, can be
equipped with electronic devices for simultaneous ``contouring
control'' in two or more axes, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number.
* * * * *
Items:
a. * * *
Note: Item 2B201.a. does not control bar machines (Swissturn),
limited to machining only bar feed thru, if maximum bar diameter is
equal to or less than 42 mm and there is no capability of mounting
chucks. Machines may have drilling and/or milling capabilities for
machining ``parts'' and ``components'' with diameters less than 42
mm.
* * * * *
83. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B206 is amended by revising the ``Unit'' paragraph in the List
of Items Controlled section to read as follows:
2B206 Dimensional inspection machines, instruments or systems, other
than those described in 2B006, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number.
* * * * *
84. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B209 is amended by revising the ``Unit'' paragraph in the List
of Items Controlled section to read as follows:
2B209 Flow forming machines, spin forming machines capable of flow
forming functions, other than those controlled by 2B009 or 2B109,
and mandrels, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number
* * * * *
85. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B229 is amended by revising the introductory text to ``items''
paragraph b in the List of Items Controlled section to read as follows:
2B229 Centrifugal multiplane balancing machines, fixed or portable,
horizontal or vertical, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
b. Centrifugal balancing machines designed for balancing hollow
cylindrical rotor ``parts'' or ``components'' and having all of the
following characteristics:
* * * * *
86. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B290 is amended by revising the ``Unit'' paragraph in the List
of Items Controlled section to read as follows:
2B290 ``Numerically controlled'' machine tools not controlled by
2B001 or 2B201.
* * * * *
List of Items Controlled
Unit: Equipment in number
* * * * *
87. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B350 is amended:
a. By revising the ``Related Definitions'' paragraph in the List of
Items Controlled section; and
b. By adding a note at the end of the ``items'' paragraph, after
the Technical Notes, in the List of Items Controlled section to read as
follows:
2B350 Chemical manufacturing facilities and equipment, except valves
controlled by 2A226 or 2A292, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Definitions: For purposes of this entry the term `chemical
warfare agents' include those agents ``subject to the ITAR'' (see 22
CFR parts 120 through 130).
Items:
* * * * *
Note: See Categories V and XIV of the United States Munitions
List for all chemicals that are ``subject to the ITAR'' (see 22 CFR
parts 120 through 130).
88. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B351 is amended:
a. By revising the heading; and
b. By revising ``Related Controls'' paragraph in the List of Items
Controlled section to read as follows:
2B351 Toxic gas monitoring systems and their dedicated detecting
``parts'' and ``components'' (i.e., detectors, sensor devices, and
replaceable sensor cartridges), as follows, except those systems and
detectors controlled by ECCN 1A004.c (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: See ECCN 2D351 for ``software'' for toxic gas
monitoring systems and their dedicated detecting ``parts'' and
``components'' controlled by this ECCN. Also see ECCN 1A004, which
controls chemical detection systems and specially designed ``parts''
and ``components'' therefor that are specially designed or modified
for detection or identification of chemical warfare agents, but not
specially designed for military use, and ECCN 1A995, which controls
certain detection equipment, ``parts'' and ``components'' not
controlled by ECCN 1A004 or by this ECCN.
* * * * *
89. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B352 is amended:
a. By revising the heading;
b. By revising ``Related Controls'' paragraph in the List of Items
Controlled section;
c. By revising ``items'' paragraphs c.3, d.1.b.2, d.2 and the
introductory text of ``items'' paragraph h in the List of Items
Controlled section; and
d. By revising ``Technical Notes'' paragraph 2 at the end of the
``items'' paragraph to read as follows:
2B352 Equipment capable of use in handling biological materials and
``parts'' and ``components'' therefor, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: See ECCNs 1A004 and 1A995 for protective equipment
that is not covered by this entry. Also see ECCN 9A120 for controls
on certain ``UAV'' systems designed or modified to dispense an
aerosol and capable of carrying elements of a payload in the form of
a particulate or liquid, other than fuel ``parts'' or ``components''
of such vehicles, of a volume greater than 20 liters.
* * * * *
Items:
* * * * *
[[Page 71235]]
c.3. ``Parts'' or ``components'' of polished stainless steel or
titanium; and
* * * * *
d.1.b.2. Using disposable or single-use filtration ``parts'' or
``components''.
* * * * *
d.2. Cross (tangential) flow filtration ``parts'' or
``components'' (e.g., modules, elements, cassettes, cartridges,
units or plates) with filtration area equal to or greater than 0.2
square meters (0.2 m2) for each ``part'' or ``component'' and
designed for use in cross (tangential) flow filtration equipment
controlled by 2B352.d.1.
* * * * *
h. Spraying or fogging systems and ``parts'' and ``components''
therefor, as follows:
* * * * *
Technical Notes:
* * * * *
2. This ECCN does not control spraying or fogging systems,
``parts'' and ``components,'' as specified in 2B352.h., that are
demonstrated not to be capable of delivering biological agents in
the form of infectious aerosols.
* * * * *
90. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B991 is amended by revising the heading to read as follows:
2B991 Numerical control units for machine tools and ``numerically
controlled'' machine tools, n.e.s. (see List of Items Controlled).
* * * * *
91. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B992 is amended by revising the heading to read as follows:
2B992 Non-``numerically controlled'' machine tools for generating
optical quality surfaces, (see List of Items Controlled) and
specially designed ``parts'' and ``components'' therefor.
* * * * *
92. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B996 is amended by revising the heading to read as follows:
2B996 Dimensional inspection or measuring systems or equipment not
controlled by 2B006 or 2B206, as follows (see List of Items
Controlled).
* * * * *
93. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B998 is amended by revising ``items'' paragraph c in the List
of Items Controlled Section to read as follows:
2B998 Assemblies, circuit boards or inserts specially designed for
machine tools controlled by 2B991, or for equipment controlled by
2B993, 2B996 or 2B997.
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
c. Specially designed printed circuit boards with mounted
``parts'' or ``components'' capable of upgrading, according to the
manufacturer's specifications, ``numerical control'' units, machine
tools or feed-back devices to or above the levels specified in ECCNs
2B991, 2B993, 2B996, 2B997, or 2B998.
* * * * *
94. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2D351 is amended by revising the heading to read as follows:
2D351 Dedicated ``software'' for toxic gas monitoring systems and
their dedicated detecting ``parts'' and ``components'' controlled by
ECCN 2B351.
* * * * *
95. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2D984 is amended by revising the ``Related Controls'' paragraph
(1) in the List of Items Controlled section to read as follows:
2D984 ``Software'' ``required'' for the ``development,''
``production'' or ``use'' of concealed object detection equipment
controlled by 2A984.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: (1) ``Software'' ``required'' for the
``development,'' ``production'' or ``use'' of concealed object
detection equipment operating in the frequency range from 30 GHz to
3000 GHz and having a spatial resolution less than 0.5 milliradian
(a lower milliradian number means a more accurate image resolution)
at a standoff distance of 100 meters is ``subject to the ITAR'' (see
22 CFR parts 120 through 130). * * *
* * * * *
96. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, the Category 2E--Materials Processing
Table; Deposition Techniques is amended:
a. By revising paragraph 17 of the Notes to Table on Deposition
Techniques section; and
b. By revising paragraph 1.b of the Accompanying Technical
Information to Table on Deposition Techniques section, to read as
follows;
Category 2E--Materials Processing Table; Deposition Techniques
* * * * *
Notes to Table on Deposition Techniques
* * * * *
17. ``Technology'' specially designed to deposit diamond-like
carbon on any of the following is not controlled: magnetic disk
drives and heads, equipment for the manufacture of disposables,
valves for faucets, acoustic diaphragms for speakers, engine
``parts'' and ``components'' for automobiles, cutting tools,
punching-pressing dies, office automation equipment, microphones,
medical devices or molds, for casting or molding of plastics,
manufactured from alloys containing less than 5% beryllium.
* * * * *
Accompanying Technical Information to Table on Deposition Techniques:
1. * * *
b. Visual and macroscopic criteria for acceptance of the cleaned
``part'' or ``component;''
97. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2E984 is amended by revising the ``Related Controls'' paragraph
(1) in the List of Items Controlled section to read as follows:
2E984 ``Technology'' ``required'' for the ``development,''
``production'' or ``use'' of equipment controlled by 2A984 or
``required'' for the ``development'' of ``software'' controlled by
2D984.
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) ``Technology'' ``required'' for the
``development,'' ``production'' or ``use'' of concealed object
detection equipment operating in the frequency range from 30 GHz to
3000 GHz and having a spatial resolution less than 0.5 milliradian
(a lower milliradian number means a more accurate image resolution)
at a standoff distance of 100 meters or ``required'' for the
``development'' of ``software'' ``required'' for the
``development,'' ``production'' or ``use'' of concealed object
detection equipment operating in the frequency range from 30 GHz to
3000 GHz and having a spatial resolution less than 0.5 milliradian
at a standoff distance of 100 meters is ``subject to the ITAR'' (see
22 CFR parts 120 through 130). * * *
* * * * *
98. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics is amended by revising the ``Note'' that
immediately follows the Category 3(Systems, Equipment and Components)
heading to read as follows:
[[Page 71236]]
CATEGORY 3--ELECTRONICS
A. SYSTEMS, EQUIPMENT, AND COMPONENTS
Note 1: The control status of equipment, ``parts'' and
``components'' described in 3A001 or 3A002, other than those
described in 3A001.a.3 to 3A001.a.10, 3A001.a.12 or 3A001.a.13,
which are specially designed for or which have the same functional
characteristics as other equipment is determined by the control
status of the other equipment.
* * * * *
99. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A001 is amended:
a. By revising the heading;
b. By revising the ``Related Controls'' paragraph (1), the
introductory text of paragraph (2), and paragraph (2)(c) in the List of
Items Controlled section; and
c. By revising the introductory text to ``items'' paragraphs b, c,
and d in the List of Items Controlled section to read as follows:
3A001 Electronic ``components'' and specially designed ``parts'' and
``components'' therefor, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) The following commodities are ``subject to the
ITAR'' when ``space qualified'' and operating at frequencies higher
than 31.8 GHz: helix tubes (traveling wave tubes (TWT)) defined in
3A001.b.1.a.4.c; microwave solid state amplifiers defined in
3A001.b.4.b traveling wave tube amplifiers (TWTA) defined in
3A001.b.8; and derivatives thereof; (2) The following commodities
are also ``subject to the ITAR (see 22 CFR parts 120 through 130):''
* * * (c) All specifically designed or modified systems or
subsystems, ``parts,'' ``components,'' accessories, attachments, and
associated equipment controlled by Category XV (e) of the USML. See
also 3A101, 3A201, and 3A991.
* * * * *
Items:
* * * * *
b. Microwave or millimeter wave ``parts'' or ``components,'' as
follows:
* * * * *
c. Acoustic wave devices as follows and specially designed
``parts'' and ``components'' therefor:
* * * * *
d. Electronic devices and circuits containing ``parts'' or
``components,'' manufactured from ``superconductive'' materials,
specially designed for operation at temperatures below the
``critical temperature'' of at least one of the ``superconductive''
constituents and having any of the following:
* * * * *
100. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A002 is amended by revising the first sentence in ``Related Controls''
paragraph in the List of Items Controlled section to read as follows:
3A002 General purpose electronic equipment and accessories therefor,
as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: ``Space-qualified'' atomic frequency standards
defined in 3A002.g.1 are ``subject to the ITAR'' (see 22 CFR parts
120 through 130, including USML Category XV). * * *
* * * * *
101. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A003 is amended by revising the heading to read as follows:
3A003 Spray cooling thermal management systems employing closed loop
fluid handling and reconditioning equipment in a sealed enclosure
where a dielectric fluid is sprayed onto electronic ``parts'' or
``components'' using specially designed spray nozzles that are
designed to maintain electronic ``parts'' or ``components'' within
their operating temperature range, and specially designed ``parts''
and ``components'' therefor.
* * * * *
102. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A101 is amended:
a. By revising the heading; and
b. By revising ``Related Controls'' paragraph in the List of Items
Controlled section to read as follows:
3A101 Electronic equipment, devices, ``parts'' and ``components,''
other than those controlled by 3A001, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: Items controlled in 3A101.a are ``subject to the
ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
103. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A201 is amended:
a. By revising the heading;
b. By revising the Note to ``items'' paragraph c in the List of
Items Controlled section to read as follows:
3A201 Electronic ``parts'' and ``components,'' other than those
controlled by 3A001, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
c. * * *
Note: 3A201.c does not control accelerators that are ``parts''
or ``components'' of devices designed for purposes other than
electron beam or X-ray radiation (electron microscopy, for example)
nor those designed for medical purposes.
104. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A225 is amended:
a. By revising the heading; and
b. By adding a heading Note to read as follows:
3A225 Frequency changers (also known as converters or inverters) or
generators, other than those described in the Heading Note to this
entry, having all of the following characteristics (see List of
Items Controlled).
HEADING NOTE: This entry does not include frequency changers
(converters or inverters) specially designed or prepared to supply
motor stators for gas centrifuge enrichment, having all of the
following characteristics, and specially designed ``parts'' and
``components'' therefor: (1) multiphase output of 600 to 2000 Hz;
(2) frequency control better than 0.1%; (3) harmonic distortion of
less than 2%; and an efficiency greater than 80% that are subject to
the export licensing authority of the Nuclear Regulatory Commission
(see 10 CFR part 110).
* * * * *
105. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A226 is amended:
a. By revising the heading; and
b. By adding a heading Note to read as follows:
3A226 High-power direct current power supplies, other than those
described in the Heading Note to this entry, having both of the
following characteristics (see List of Items Controlled).
HEADING NOTE: This entry does not include magnet power supplies
(high power, direct current), specially designed or prepared for
electromagnetic separation process, having all of the following
characteristics: (1) Capable of continuous operation with a current
output of 500 A or greater at a voltage of 100 V or greater; and
[[Page 71237]]
(2) current or voltage regulation better than 0.01% over a period of
8 hours that are subject to the export licensing authority of the
Nuclear Regulatory Commission (see 10 CFR part 110).
* * * * *
106. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A227 is amended:
a. By revising the heading; and
b. By adding a heading Note to read as follows:
3A227 High-voltage direct current power supplies, other than those
described in the Heading Note to this entry, having both of the
following characteristics (see List of Items Controlled).
HEADING NOTE: This entry does not include high voltage power
supplies for ion sources, specially designed or prepared for
electromagnetic separation process, having all of the following
characteristics: (1) Capable of continuous operation; (2) output
voltage of 20,000 V or greater; (3) output current of 1 A or
greater; and (4) voltage regulation of better than 0.01% over a
period of 8 hours that are subject to the export licensing authority
of the Nuclear Regulatory Commission (see 10 CFR part 110).
* * * * *
107. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A229 is amended by revising the ``Related Controls'' paragraph (2) in
the List of Items Controlled section to read as follows:
3A229 Firing sets and equivalent high-current pulse generators (for
detonators controlled by 3A232), as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (2) High explosives and related equipment
for military use are ``subject to the ITAR'' (see 22 CFR parts 120
through 130).
* * * * *
108. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A230 is amended by revising the ``Related Controls'' paragraph in the
List of Items Controlled section to read as follows:
3A230 High-speed pulse generators having both of the following
characteristics (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) See ECCNs 3E001 (``development'' and
``production'') and 3E201 (``use'') for technology for items
controlled under this entry. (2) See ECCNs 3A002.d.1, 3A992.a and
3A999.d.
* * * * *
109. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A231 is amended by revising the ``Unit'' paragraph in the List of
Items Controlled section to read as follows:
3A231 Neutron generator systems, including tubes, having both of the
following characteristics (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: Number
* * * * *
110. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A232 is amended by revising the ``Related Controls'' paragraph (3) in
the List of Items Controlled section to read as follows:
3A232 Detonators and multipoint initiation systems, as follows (see
List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (3) High explosives and related equipment
for military use are ``subject to the ITAR'' (see 22 CFR parts 120
through 130).
* * * * *
111. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A233 is amended by revising the heading to read as follows:
3A233 Mass spectrometers, other than specially designed or prepared
auxiliary systems, equipment, ``parts'' and ``components'' for
isotope separation plants, made of or protected by UF6
resistant materials that are subject to the export licensing
authority of the Nuclear Regulatory Commission (see 10 CFR part
110), capable of measuring ions of 230 atomic mass units or greater
and having a resolution of better than 2 parts in 230, and ion
sources therefor.
* * * * *
112. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A292 is amended:
a. By revising the heading; and
b. By revising the introductory text to the Note at the end of the
``items'' paragraph in the List of Items Controlled section to read as
follows:
3A292 Oscilloscopes and transient recorders other than those
controlled by 3A002.a.5, and specially designed ``parts'' and
``components'' therefor.
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
Note: Specially designed ``parts'' and ``components'' controlled
by this item are the following, for analog oscilloscopes:
* * * * *
113. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A980 is amended by revising the heading to read as follows:
3A980 Voice print identification and analysis equipment and
``specially designed'' ``components'' therefor, n.e.s.
* * * * *
114. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A981 is amended by revising the heading to read as follows:
3A981 Polygraphs (except biomedical recorders designed for use in
medical facilities for monitoring biological and neurophysical
responses); fingerprint analyzers, cameras and equipment, n.e.s.;
automated fingerprint and identification retrieval systems, n.e.s.;
psychological stress analysis equipment; electronic monitoring
restraint devices; and ``specially designed'' ``components'' and
accessories therefor, n.e.s.
* * * * *
115. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A982 is amended by revising the heading to read as follows:
3A982 Microwave or millimeter wave ``parts'' and ``components'' that
operate at frequencies below those controlled by 3A001 as follows
(See List of Items Controlled).
* * * * *
116. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A991 is amended:
a. By revising the heading; and
b. By revising the introductory text ``items'' paragraph l in the
List of Items Controlled section to read as follows:
3A991 Electronic devices, and ``parts'' and ``components'' not
controlled by 3A001.
* * * * *
List of Items Controlled
* * * * *
[[Page 71238]]
Items:
* * * * *
l. Circuits or systems for electromagnetic energy storage,
containing ``parts'' or ``components'' manufactured from
``superconductive'' materials specially designed for operation at
temperatures below the ``critical temperature'' of at least one of
their ``superconductive'' constituents, having all of the following:
* * * * *
117. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A999 is amended:
a. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section; and
b. By revising ``items'' paragraph c in the List of Items Controls
section to read as follows:
3A999 Specific processing equipment, n.e.s., as follows (see List of
Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) See also 3A225 (for frequency changers capable
of operating in the frequency range of 600 Hz and above), and 3A233.
(2) Specially designed or prepared auxiliary systems, equipment,
``parts'' and ``components'' for isotope separation plants, made of
or protected by UF6 resistant materials are subject to
the export licensing authority of the Nuclear Regulatory Commission
(see 10 CFR part 110).
* * * * *
Items:
* * * * *
c. All flash x-ray machines, and ``parts'' or ``components'' of
pulsed power systems designed thereof, including Marx generators,
high power pulse shaping networks, high voltage capacitors, and
triggers;
* * * * *
118. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3B001 is amended by revising the heading to read as follows:
3B001 Equipment for the manufacturing of semiconductor devices or
materials, as follows (see List of Items Controlled) and specially
designed ``parts,'' ``components'' and accessories therefor.
* * * * *
119. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3B002 is amended by revising the heading to read as follows:
3B002 Test equipment specially designed for testing finished or
unfinished semiconductor devices as follows (see List of Items
Controlled) and specially designed ``parts,'' ``components'' and
accessories therefor.
* * * * *
120. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3B991 is amended:
a. By revising the heading;
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section; and
c. By revising ``items'' paragraph a and the introductory text of
``items'' paragraphs b.1 and b.2 to read as follows:
3B991 Equipment not controlled by 3B001 for the manufacture of
electronic ``parts,'' ``components'' and materials (see List of
Items Controlled), and specially designed ``parts,'' ``components''
and accessories therefor.
* * * * *
List of Items Controlled
Unit: Equipment in number; ``parts,'' ``components'' and accessories
in $ value
* * * * *
Items:
* * * * *
a. Equipment specially designed for the manufacture of electron
tubes, optical elements and specially designed ``parts'' and
``components'' therefor controlled by 3A001 or 3A991;
* * * * *
b.1. Equipment for the processing of materials for the
manufacture of devices, ``parts'' and ``components'' as specified in
the heading of 3B991.b, as follows:
* * * * *
b.2. Masks, mask ``substrates,'' mask-making equipment and image
transfer equipment for the manufacture of devices, ``parts'' and
``components'' as specified in the heading of 3B991, as follows:
* * * * *
121. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3B992 is amended:
a. By revising the heading;
b. By revising ``items'' paragraph a; and
c. By revising paragraph 3 of the ``Notes'' to ``items'' paragraph
b.4.b to read as follows:
3B992 Equipment not controlled by 3B002 for the inspection or
testing of electronic ``components'' and materials, and specially
designed ``parts,'' ``components'' and accessories therefor.
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
a. Equipment specially designed for the inspection or testing of
electron tubes, optical elements and specially designed ``parts''
and ``components'' therefor controlled by 3A001 or 3A991;
* * * * *
Notes: * * *
* * * * *
3. Electronic ``parts,'' ``components,'' ``assemblies'' and
integrated circuits not controlled by 3A001 or 3A991 provided such
test equipment does not incorporate computing facilities with ``user
accessible programmability''.
122. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3D001 is amended by revising the introductory text of ``Related
Controls'' paragraph (1) in the List of Items Controlled section to
read as follows:
3D001 ``Software'' specially designed for the ``development'' or
``production'' of equipment controlled by 3A001.b to 3A002.g or 3B
(except 3B991 and 3B992).
* * * * *
List of Items Controlled
* * * * *
Related Controls: ``Software'' specially designed for the
``development'' or ``production'' of the following equipment is
``subject to the ITAR'' (see 22 CFR parts 120 through 130):
* * * * *
123. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3D980 is amended by revising the heading to read as follows:
3D980 ``Software'' specially designed for the ``development,''
``production'' or ``use'' of commodities controlled by 3A980 and
3A981.
* * * * *
124. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3D982 is amended by revising the heading to read as follows:
3D982 ``Software'' specially designed for the ``development'' or
``production'' of microwave or millimeter wave ``parts'' and
``components'' classified under ECCN 3A982.
* * * * *
125. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3D991 is amended by revising the heading to read as follows:
3D991 ``Software'' specially designed for the ``development,''
``production'' or
[[Page 71239]]
``use'' of electronic devices, ``parts'' or ``components''
controlled by 3A991, general purpose electronic equipment controlled
by 3A992, or manufacturing and test equipment controlled by 3B991
and 3B992; or ``software'' specially designed for the ``use'' of
equipment controlled by 3B001.g and .h.
* * * * *
126. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3E001 is amended:
a. By revising the introductory text of ``Related Controls''
paragraph (2) in the List of Items Controlled section; and
b. By revising ``Note 1'' at the end of the List of Items
Controlled to read as follows:
3E001 ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of equipment or materials
controlled by 3A (except 3A292, 3A980, 3A981, 3A991 3A992, or
3A999), 3B (except 3B991 or 3B992) or 3C (except 3C992).
* * * * *
List of Items Controlled
* * * * *
Related Controls: *** (2) ``Technology'' according to the General
Technology Note for the ``development'' or ``production'' of the
following commodities is ``subject to the ITAR'' (see 22 CFR parts
120 through 130):
* * * * *
Items:
* * * * *
Note 1: 3E001 does not control ``technology'' for the
``production'' of equipment, ``parts'' or ``components'' controlled
by 3A003.
* * * * *
127. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3E003 is amended:
a. By revising ``Related Controls'' paragraph (1) in the List of
Items Controlled section; and
b. By revising ``items'' paragraphs d and f to read as follows:
3E003 Other ``technology'' for the ``development'' or ``production''
of the following (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) Technology for the ``development'' or
``production'' of ``space qualified'' electronic vacuum tubes
operating at frequencies of 31.8 GHz or higher, described in
3E003.g, is ``subject to the ITAR'' (see 22 CFR parts 120 through
130);
* * * * *
Items:
* * * * *
d. Substrates of films of diamond for electronic ``parts'' or
``components;''
* * * * *
f. Substrates of silicon carbide for electronic ``parts'' or
``components;''
* * * * *
128. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3E980 is amended by revising the heading to read as follows:
3E980 ``Technology'' specially designed for ``development,''
``production'' or ``use'' of commodities controlled by 3A980 and
3A981.
* * * * *
129. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3E982 is amended by revising the heading to read as follows:
3E982 ``Technology'' ``require'' for the ``development'' or
``production'' of microwave or millimeter wave ``parts'' or
``components'' classified under ECCN 3A982.
* * * * *
130. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3E991 is amended by revising the heading to read as follows:
3E991 ``Technology'' for the ``development,'' ``production'' or
``use'' of electronic devices, ``parts'' or ``components''
controlled by 3A991, general purpose electronic equipment controlled
by 3A992, or manufacturing and test equipment controlled by 3B991 or
3B992, or materials controlled by 3C992.
* * * * *
131. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4-Computers, Export Control Classification Number (ECCN) 4A001
is amended:
a. By revising the heading;
b. By revising ``Unit'' paragraph in the List of Items Controlled
section; and
c. By revising ``Related Controls'' paragraph in the List of Items
Controlled section to read as follows:
4A001 Electronic computers and related equipment, having any of the
following (see List of Items Controlled), and ``electronic
assemblies'' and specially designed ``parts'' and ``components''
therefor.
* * * * *
List of Items Controlled
Unit: Computers and related equipment in number; ``electronic
assemblies,'' ``parts'' and ``components'' in $ value
Related Controls: See also 4A101 and 4A994. See Category 5--Part 2
for electronic computers and related equipment performing or
incorporating ``information security'' functions as the primary
function. Equipment designed or rated for transient ionizing
radiation is ``subject to the ITAR'' (see 22 CFR parts 120 through
130).
* * * * *
132. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4A003 is amended:
a. By revising the heading;
b. By removing Note 2 in at the end of the License Requirements
section;
c. By adding a Reporting Requirements section after the License
Requirements section;
d. By revising the License Exception GBS paragraph in the License
Exceptions section; and
e. By revising the ``Unit'' paragraph in the List of Items
Controlled section to read as follows:
4A003 ``Digital computers,'' ``electronic assemblies'' and related
equipment therefor, as follows (see List of Items Controlled) and
specially designed ``parts'' and ``components'' therefor.
* * * * *
Reporting Requirements
Special Post Shipment Verification reporting and recordkeeping
requirements for exports of computers to destinations in Computer
Tier 3 may be found in Sec. 743.2 of the EAR.
License Exceptions
* * * * *
GBS: Yes, for 4A003.e, and .g and specially designed ``parts''
and ``components'' therefor, exported separately or as part of a
system.
* * * * *
List of Items Controlled
Unit: Computers and related equipment in number; ``electronic
assemblies,'' ``parts'' and ``components'' in $ value
* * * * *
133. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4A004 is amended:
a. By revising the heading; and
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section to read as follows:
4A004 Computers as follows (see List of Items Controlled) and
specially designed related equipment, ``electronic
[[Page 71240]]
assemblies,'' and ``parts'' and ``components'' therefor.
* * * * *
List of Items Controlled
Unit: Computers and related equipment in number; ``electronic
assemblies,'' ``parts'' and ``components'' in $ value
* * * * *
134. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4A101 is amended by revising the ``Note'' to ``items'' paragraph b in
the List of Items Controlled section to read as follows:
4A101 Analog computers, ``digital computers'' or digital
differential analyzers, other than those controlled by 4A001
designed or modified for use in ``missiles,'' having any of the
following (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
b. * * *
Note: `Radiation hardened' means that the ``part,''
``component'' or equipment is designed or rated to withstand
radiation levels which meet or exceed a total irradiation dose of 5
X 105 rads (Si).
* * * * *
135. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4A102 is amended by revising the heading to read as follows:
4A102 ``Hybrid computers'' specially designed for modelling,
simulation or design integration of ``missiles'' or their
subsystems. (These items are ``subject to the ITAR.'' See 22 CFR
parts 120 through 130.)
* * * * *
136. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4A994 is amended:
a. By revising the heading;
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section; and
c. By revising the introductory text to ``items'' paragraphs a and
k to read as follows:
4A994 Computers, ``electronic assemblies'' and related equipment not
controlled by 4A001 or 4A003, and specially designed ``parts'' and
``components'' therefor (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number; ``parts,'' ``components'' and accessories
in $ value
* * * * *
Items:
* * * * *
a. Electronic computers and related equipment, and ``electronic
assemblies'' and specially designed ``parts'' and ``components''
therefor, rated for operation at an ambient temperature above 343 K
(70 [deg]C);
* * * * *
k. ``Hybrid computers'' and ``electronic assemblies'' and
specially designed ``parts'' and ``components'' therefor containing
analog-to-digital converters having all of the following
characteristics:
* * * * *
137. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4D001 is amended by adding a Reporting Requirements section after the
License Requirements section to read as follows:
4D001 ``Software'' as follows (see List of Items Controlled).
* * * * *
Reporting Requirements
See Sec. 743.1 of the EAR for reporting requirements for
exports under License Exceptions, Special Comprehensive Licenses,
and Validated End-User authorizations.
* * * * *
138. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4D980 is amended by revising the heading to read as follows:
4D980 ``Software'' specially designed for the ``development,''
``production'' or ``use'' of commodities controlled by 4A980.
* * * * *
139. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4E980 is amended by revising the heading to read as follows:
4E980 ``Technology'' for the ``development,'' ``production'' or
``use'' of commodities controlled by 4A980.
* * * * *
140. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications is amended by revising the introductory text of Note
1, the N.B.2 and Note 2 that immediately follows the Category 5 Part
1--Telecommunications heading to read as follows:
CATEGORY 5--TELECOMMUNICATIONS AND ``INFORMATION SECURITY''
Part I--TELECOMMUNICATIONS
Notes:
1. The control status of ``parts,'' ``components,'' test and
``production'' equipment, and ``software'' therefor which are
specially designed for telecommunications equipment or systems is
determined in Category 5, Part 1.
* * * * *
N.B.2.: See also Category 5, Part 2 for equipment, ``parts,''
``components'' and ``software,'' performing or incorporating
``information security'' functions.
2. ``Digital computers,'' related equipment or ``software,''
when essential for the operation and support of telecommunications
equipment described in this Category, are regarded as specially
designed ``parts'' and ``components,'' provided they are the
standard models customarily supplied by the manufacturer. This
includes operation, administration, maintenance, engineering or
billing computer systems.
* * * * *
141. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5A001
is amended:
a. By revising the heading;
b. By revising ``Unit'' paragraph in the List of Items Controlled
section;
c. By revising ``Related Controls'' paragraph in the List of Items
Controlled section; and
d. By revising the introductory text to ``items'' paragraph b, e,
and f to read as follows:
5A001 Telecommunications systems, equipment, ``parts,''
``components'' and accessories, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
Unit: Equipment or antennae in number; cable and fiber in meters/
feet, ``parts,'' ``components'' and accessories in $ value
Related Controls: (1) Telecommunications equipment defined in
5A001.a.1 through 5A001.a.3 for use on board satellites is ``subject
to the ITAR'' (see 22 CFR parts 120 through 130). (2) Direction
finding equipment defined in 5A001.e is ``subject to the ITAR'' (see
22 CFR parts 120 through 130). (3) See also 5A101 and 5A991.
* * * * *
Items:
* * * * *
b. Telecommunication systems and equipment, and specially
designed ``parts,'' ``components'' and accessories therefor, having
any of the following characteristics, functions or features:
* * * * *
e. Radio direction finding equipment operating at frequencies
above 30 MHz and
[[Page 71241]]
having all of the following, and specially designed ``parts'' and
``components'' therefor:
* * * * *
f. Jamming equipment specially designed or modified to
intentionally and selectively interfere with, deny, inhibit, degrade
or seduce mobile telecommunication services and perform any of the
following, and specially designed ``parts'' and ``components''
therefor:
* * * * *
142. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5A980
is amended by revising the heading to read as follows:
5A980 Devices primarily useful for the surreptitious interception of
wire, oral, or electronic communications, other than those
controlled under 5A001.i; and ``parts,'' ``components'' and
accessories therefor.
* * * * *
143. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5A991
is amended:
a. By revising the heading;
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section;
c. By revising the introductory text to ``items'' paragraphs b and
c in the List of Items Controlled section; and
d. By revising ``items'' paragraph c.1, f, g, and h in the List of
Items Controlled section to read as follows:
5A991 Telecommunication equipment, not controlled by 5A001 (see List
of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) Telecommunication equipment defined in 5A991
for use on board satellites is ``subject to the ITAR'' (see 22 CFR
parts 120 through 130). (2) See also 5E101 and 5E991.
* * * * *
Items:
* * * * *
b. Telecommunication transmission equipment and systems, and
specially designed ``parts,'' ``components'' and accessories
therefor, having any of the following characteristics, functions or
features:
* * * * *
c. ``Stored program controlled'' switching equipment and related
signaling systems, having any of the following characteristics,
functions or features, and specially designed ``parts,''
``components'' and accessories therefor:
Note: * * *
c.1. ``Data (message) switching'' equipment or systems designed
for ``packet-mode operation'' and ``parts,'' electronic assemblies
and ``components'' therefor, n.e.s.
* * * * *
f. Phased array antennas, operating above 10.5 GHz, containing
active elements and distributed ``parts'' or ``components,'' and
designed to permit electronic control of beam shaping and pointing,
except for landing systems with instruments meeting International
Civil Aviation Organization (ICAO) standards (microwave landing
systems (MLS)).
g. Mobile communications equipment, n.e.s., and ``parts,''
electronic assemblies and ``components'' therefor; or
h. Radio relay communications equipment designed for use at
frequencies equal to or exceeding 19.7 GHz and ``parts'' and
``components'' therefor, n.e.s.
144. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5B001
is amended:
a. By revising the heading;
b. By revising the Special Conditions for License Exception STA
paragraph section;
c. By revising ``Unit'' paragraph in the List of Items Controlled
section; and
d. By revising the introductory text to ``items'' paragraph a and b
to read as follows:
5B001 Telecommunication test, inspection and production equipment,
``parts,'' ``components'' and accessories, as follows (See List of
Items Controlled).
* * * * *
Special Conditions for License Exception STA
License Exception STA may not be used to ship 5B001.a equipment
and specially designed ``parts,'' ``components'' or accessories
therefor, specially designed for the ``development,'' ``production''
or ``use'' of equipment, functions or features specified by in ECCN
5A001.b.3, .b.5 or .h to any of the eight destinations listed in
Sec. 740.20(c)(2) of the EAR.
List of Items Controlled
Unit: Equipment in number; ``parts,'' ``components'' and accessories
in $ value
* * * * *
Items:
a. Equipment and specially designed ``parts,'' ``components'' or
accessories therefor, specially designed for the ``development,''
``production'' or ``use'' of equipment, functions or features,
controlled by 5A001.
* * * * *
b. Equipment and specially designed ``parts,'' ``components'' or
accessories therefor, specially designed for the ``development'' of
any of the following telecommunication transmission or switching
equipment:
* * * * *
145. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5D001
is amended by revising the License Exception TSR paragraph in the
License Exceptions section to read as follows:
5D001 ``Software'' as follows (see List of Items Controlled).
* * * * *
License Exceptions
* * * * *
TSR: Yes, except for exports and reexports to destinations outside
of those 36 countries listed in Sec. 740.20(c)(1) (License
Exception STA) of ``software'' controlled by 5D001.a and specially
designed for items controlled by 5A001.b.5 and 5A001.h.
* * * * *
146. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5D101
is amended by revising the heading to read as follows:
5D101 ``Software'' specially designed or modified for the ``use'' of
equipment controlled by 5A101.
* * * * *
147. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5D991
is amended by revising the heading to read as follows:
5D991 ``Software'' specially designed or modified for the
``development,'' ``production'' or ``use'' of equipment controlled
by 5A991 and 5B991, and dynamic adaptive routing software as
described as follows (see List of Items Controlled).
* * * * *
148. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5E001
is amended:
a. By revising the introductory text of the License Exception TSR
paragraph in the License Exceptions section;
b. By revising ``Related Controls'' paragraph in the List of Items
Controlled section; and
[[Page 71242]]
c. By revising the introductory text to ``items'' paragraph e in
the list of Items Controlled section to read as follows:
5E001 ``Technology'' as follows (see List of Items Controlled).
* * * * *
License Exceptions
* * * * *
TSR: Yes, except for exports and reexports to destinations outside
of those 36 countries listed in Sec. 740.20(c)(1) (License
Exception STA) of ``technology'' controlled by 5E001.a for the
``development'' or ``production'' of the following:
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) Technology defined in 5E001.b.1, 5E001.b.2,
5E001.b.4, or 5E001.c for use on board satellites is ``subject to
ITAR'' (see 22 CFR parts 120 through 130). (2) See also 5E101, 5E980
and 5E991.
* * * * *
Items:
* * * * *
e. ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of electronic devices and
circuits, specially designed for telecommunications and containing
``parts'' or ``components'' manufactured from ``superconductive''
materials, specially designed for operation at temperatures below
the ``critical temperature'' of at least one of the
``superconductive'' constituents and having any of the following:
* * * * *
149. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security,'' Part 2--
Telecommunications is amended by revising the ``Note'' 1 and ``Note'' 4
paragraph 2 that immediately follows the Category 5 Part II--
``INFORMATION SECURITY'' heading to read as follows:
CATEGORY 5--TELECOMMUNICATIONS AND ``INFORMATION SECURITY''
Part II--``INFORMATION SECURITY''
Note 1: The control status of ``information security''
equipment, ``software,'' systems, application specific ``electronic
assemblies,'' modules, integrated circuits, ``parts,''
``components'' or functions is determined in Category 5, part 2 even
if they are ``parts,'' ``components'' or ``electronic assemblies''
of other equipment.
* * * * *
Note 4: * * *
* * * * *
2. A computer, including operating systems, ``parts'' and
``components'' therefor;
* * * * *
150. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security,'' Part 2--
Information Security, Export Control Classification Number (ECCN) 5A002
is amended:
a. By revising the heading:
b. By revising the License Exception LVS paragraph in the License
Exceptions section; and
c. By revising the introductory text to ``items'' paragraph a to
read as follows:
5A002 ``Information security'' systems, equipment, ``parts'' and
``components'' therefor, as follows (see List of Items Controlled).
* * * * *
License Exceptions
LVS: Yes: $500 for ``parts'' and ``components''. N/A for systems and
equipment.
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
a. Systems, equipment, application specific ``electronic
assemblies,'' modules and integrated circuits for ``information
security,'' as follows, and ``parts'' and ``components'' therefor
specially designed for ``information security'':
* * * * *
151. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security,'' Part 2--
Information Security, Export Control Classification Number (ECCN) 5A992
is amended by revising ``items'' paragraph b to read as follows:
5A992 Equipment not controlled by 5A002.
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
b. ``Information security'' equipment, n.e.s., (e.g.,
cryptographic, cryptanalytic, and cryptologic equipment, n.e.s.) and
``parts'' and ``components'' therefor.
* * * * *
152. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security,'' Part 2--
Information Security, Export Control Classification Number (ECCN) 5D992
is amended by revising the heading to read as follows:
5D992 ``Information Security'' ``software'' not controlled by 5D002
as follows (see List of Items Controlled).
* * * * *
153. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security,'' Part 2--
Information Security, Export Control Classification Number (ECCN) 5E992
is amended by revising the heading to read as follows:
5E992 ``Information Security'' ``technology'' according to the
General Technology Note, not controlled by 5E002, as follows (see
List of Items Controlled).
* * * * *
154. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A001 is amended:
a. By revising the heading: and
b. By revising the introductory text to ``items'' paragraph a, a.1,
a.1.d, and a.2 and the ``Note'' to a.2.f to read as follows:
6A001 Acoustic systems, equipment, and ``parts'' and ``components,''
as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. Marine acoustic systems, equipment and specially designed
``parts'' and ``components'' therefor, as follows:
a.1. Active (transmitting or transmitting and receiving)
systems, equipment and specially designed ``parts'' and
``components'' therefor, as follows:
* * * * *
a.1.d. Acoustic systems and equipment, designed to determine the
position of surface vessels or underwater vehicles and having all of
the following, and specially designed ``parts'' and ``components''
therefor:
* * * * *
a.2. Passive systems, equipment and specially designed ``parts''
and ``components'' therefor, as follows:
* * * * *
Note: 6A001.a.2 also applies to receiving equipment, whether or
not related in normal application to separate active equipment, and
specially designed ``parts'' and ``components'' therefor.
* * * * *
155. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A002 is amended:
a. By revising the heading;
b. By revising the Special Conditions for License Exception STA
section; and
c. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section; and
d. By revising the introductory text to ``items'' paragraphs a.2,
a.2.c and d to read as follows:
6A002 Optical sensors and equipment, ``parts'' and ``components''
therefore, as follows (see List of Items Controlled).
* * * * *
[[Page 71243]]
Special Conditions for License Exception STA
License Exception STA may not be used to ship to any of the
eight destinations listed in Sec. 740.20(c)(2) of the EAR any
commodity in: 6A002.a.1.a or .b.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: (1) The following commodities are ``subject to the
ITAR'' (see 22 CFR parts 120 through 130): (a) ``Image
intensifiers'' defined in 6A002.a.2 and ``focal plane arrays''
defined in 6A002.a.3 specially designed, modified, or configured for
military use and not part of civil equipment; (b) ``Space
qualified'' solid-state detectors defined in 6A002.a.1, ``space
qualified'' imaging sensors (e.g., ``monospectral imaging sensors''
and ``multispectral imaging sensors'') defined in 6A002.b.2.b.1, and
``space qualified'' cryocoolers defined in 6A002.d.1, unless, on or
after September 23, 2002, the Department of State issues a commodity
jurisdiction determination indicating the commodity is subject to
the EAR. (2) See also 6A102, 6A202, and 6A992.
Note: * * *
Related Definitions: N/A
Items:
* * * * *
a. * * *
a.2. Image intensifier tubes and specially designed ``parts''
and ``components'' therefor, as follows:
* * * * *
a.2.c. Specially designed ``parts'' and ``components,'' as
follows:
* * * * *
d. Special support ``parts'' and ``components'' for optical
sensors, as follows:
* * * * *
156. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A003 is amended:
a. By revising the heading:
b. By adding a Reporting Requirements section after the License
Requirements section; and
c. By revising the introductory text to ``items'' paragraph a to
read as follows:
6A003 Cameras, systems or equipment, ``parts'' and ``components''
therefore, as follows (see List of Items Controlled).
* * * * *
Reporting Requirements
See Sec. 743.3 of the EAR for thermal camera reporting for
exports that are not authorized by an individually validated license
of thermal imaging cameras controlled by ECCN 6A003.b.4.b to
Albania, Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus,
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,
Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania,
Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland,
Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea
Spain, Sweden, Switzerland, Turkey, or the United Kingdom, must be
reported to BIS.
* * * * *
List of Items Controlled
* * * * *
Items:
a. Instrumentation cameras and specially designed ``parts'' and
``components'' therefor, as follows:
* * * * *
157. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A004 is amended:
a. By revising the heading;
b. By revising the ``Related Controls'' paragraph (2) in the List
of Items Controlled section; and
c. By revising ``items'' paragraph a.1 in the List of Items
Controlled section;
d. By revising the introductory text of paragraph b in the List of
Items Controlled section;
e. By revising the introductory text of paragraph c in the List of
Items Controlled section; and
f. By revising paragraphs c.1, c.4, and d.1 to read as follows:
6A004 Optical equipment, ``parts'' and ``components,'' as follows
(see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: ***
Related Controls: * * * (2) ``Space qualified'' ``parts'' and
``components'' for optical systems defined in 6A004.c and optical
control equipment defined in 6A004.d.1 are ``subject to the ITAR''
(see 22 CFR parts 120 through 130). * * *
Related Definitions: * * *
Items:
* * * * *
a.1. ``Deformable mirrors'' having either continuous or multi
element surfaces, and specially designed ``parts'' and
``components'' therefor, capable of dynamically repositioning
portions of the surface of the mirror at rates exceeding 100 Hz;
* * * * *
b. Optical ``parts'' and ``components'' made from zinc selenide
(ZnSe) or zinc sulphide (ZnS) with transmission in the wavelength
range exceeding 3,000 nm but not exceeding 25,000 nm and having any
of the following:
* * * * *
c. ``Space-qualified'' ``parts'' and ``components'' for optical
systems, as follows:
c.1. ``Parts'' and ``components'' lightweighted to less than 20%
``equivalent density'' compared with a solid blank of the same
aperture and thickness;
* * * * *
c.4. ``Parts'' and ``components'' manufactured from
``composite'' materials having a coefficient of linear thermal
expansion equal to or less than 5 x 10-6 in any
coordinate direction;
* * * * *
d.1. Equipment specially designed to maintain the surface figure
or orientation of the ``space-qualified'' ``parts'' and
``components'' controlled by 6A004.c.1 or 6A004.c.3;
* * * * *
158. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A005 is amended:
a. By revising the heading;
b. By adding a heading Note;
c. By revising the ``Related Controls'' paragraph (6) in the List
of Items Controlled section;
d. By revising the ``Note'' to ``items'' paragraph a.6.b; and
e. By revising ``items'' paragraphs e and f.3 to read as follows:
6A005 ``Lasers,'' ``parts,'' ``components'' and optical equipment,
as follows (see List of Items Controlled).
HEADING NOTE: This entry does not control ``lasers'' or
``laser'' systems for the separation of uranium isotopes with a
spectrum frequency stabilizer for operation over extended periods of
time that are subject to the export licensing authority of the
Nuclear Regulatory Commission (see 10 CFR part 110).
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (6) Shared aperture optical elements,
capable of operating in ``super-high power laser'' applications, and
``lasers'' specifically designed, modified, or configured for
military application are ``subject to ITAR'' (see 22 CFR parts 120
through 130).
* * * * *
Items:
* * * * *
a.6.b.2. * * *
Note: 6A005.a.6.b does not control multiple transverse mode,
industrial ``lasers'' with output power exceeding 2kW and not
exceeding 6 kW with a total mass greater than 1,200 kg. For the
purpose of this note, total mass includes all ``parts'' and
``components'' required to operate the ``laser,'' e.g., ``laser,''
power supply, heat exchanger, but excludes external optics for beam
conditioning and/or delivery.
* * * * *
e. ``Parts'' and ``components'' as follows:
e.1. Mirrors cooled either by `active cooling' or by heat pipe
cooling;
Technical Note: `Active cooling' is a cooling technique for
optical ``parts'' and ``components'' using flowing fluids within the
subsurface (nominally less than 1 mm below the optical surface) of
the optical ``part'' or ``component'' to remove heat from the optic.
e.2. Optical mirrors or transmissive or partially transmissive
optical or electro-
[[Page 71244]]
optical ``parts'' and ``components,'' specially designed for use
with controlled ``lasers'';
* * * * *
f.3. Optical equipment, and ``parts'' and ``components,''
specially designed for a phased array ``SHPL'' system for coherent
beam combination to an accuracy of [lambda]/10 at the designed
wavelength, or 0.1 [mu]m, whichever is the smaller;
* * * * *
159. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A006 is amended by revising the heading to read as follows:
6A006 ``Magnetometers,'' ``magnetic gradiometers,'' ``intrinsic
magnetic gradiometers,'' underwater electric field sensors,
``compensation systems'' as follows (see List of Items Controlled),
and specially designed ``parts'' and ``components'' therefor.
* * * * *
160. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A008 is amended by revising the heading to read as follows:
6A008 Radar systems, equipment and assemblies, having any of the
following (see List of Items Controlled), and specially designed
``parts'' and ``components'' therefor.
* * * * *
161. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A102 is amended by revising the ``Unit'' paragraph in the List
of Items Controlled section to read as follows:
6A102 Radiation hardened detectors, other than those controlled by
6A002, specially designed or modified for protecting against nuclear
effects (e.g., Electromagnetic Pulse (EMP), X-rays, combined blast
and thermal effects) and usable for ``missiles,'' designed or rated
to withstand radiation levels which meet or exceed a total
irradiation dose of 5 x 10\5\ rads (silicon).
* * * * *
List of Items Controlled
Unit: ``Parts'' and ``components'' in number
* * * * *
162. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A103 is amended by revising the heading to read as follows:
6A103 Radomes designed to withstand a combined thermal shock greater
than 100 cal/sq cm accompanied by a peak over pressure of greater
than 50 kPa, usable in protecting ``missiles'' against nuclear
effects (e.g., Electromagnetic Pulse (EMP), X-rays, combined blast
and thermal effects), and usable for ``missiles''. (These items are
``subject to the ITAR.'' See 22 CFR parts 120 through 130.)
* * * * *
163. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A107 is amended:
a. By revising the heading; and
b. By revising ``items'' paragraph b to read as follows:
6A107 Gravity meters (gravimeters) and specially designed ``parts''
and ``components'' for gravity meters and gravity gradiometers, as
follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
b. Specially designed ``parts'' and ``components'' for gravity
meters controlled in 6A007.b or 6A107.a and gravity gradiometers
controlled in 6A007.c.
* * * * *
164. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A108 is amended by revising the ``Related Controls'' paragraph
(2) in the List of Items Controlled section to read as follows:
6A108 Radar systems and tracking systems, other than those
controlled by 6A008, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: *** (2) Items in 6A108.a that are specially
designed or modified for ``missiles'' or for items on the U.S.
Munitions List are ``subject to the ITAR'' (see 22 CFR parts 120
through 130).
* * * * *
165. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A203 is amended:
a. By revising the heading;
b. By revising the ``unit'' paragraph in the List of Items
Controlled section; and
c. By revising the introductory text to ``items'' paragraph a and
the Note to paragraph a to read as follows:
6A203 Cameras and ``parts'' and ``components,'' other than those
controlled by 6A003, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: Equipment, ``parts'' and ``components'' in number
* * * * *
Items:
* * * * *
a. Mechanical rotating mirror cameras, as follows, and specially
designed ``parts'' and ``components'' therefor:
* * * * *
Note: ``Parts'' and ``components'' of cameras controlled by
6A203.a include their synchronizing electronics units and rotor
assemblies consisting of turbines, mirrors and bearings.
* * * * *
166. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A205 is amended by revising the heading to read as follows:
6A205 ``Lasers,'' ``laser'' amplifiers and oscillators, other than
lasers used in plants for the separation of isotopes of ``natural
uranium'' and ``depleted uranium,'' ``special fissile materials''
and ``other fissile materials,'' and specially designed or prepared
equipment, ``parts'' and ``components'' therefor that are subject to
the export licensing authority of the Nuclear Regulatory Commission
(see 10 CFR part 110) or 6A005, as follows (see List of Items
Controlled).
* * * * *
167. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A225 is amended by revising the ``Unit'' paragraph in the List
of Items Controlled section to read as follows:
6A225 Velocity interferometers for measuring velocities exceeding 1
km/s during time intervals of less than 10 microseconds.
* * * * *
List of Items Controlled
Unit: Equipment in number
* * * * *
168. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A226 is amended by revising the ``Unit'' paragraph in the List
of Items Controlled section to read as follows:
6A226 Pressure sensors, as follows (see List of Items Controlled).
* * * * *
[[Page 71245]]
List of Items Controlled
Unit: Equipment in number
* * * * *
169. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A991 is amended by revising the heading to read as follows:
6A991 Marine or terrestrial acoustic equipment, n.e.s., capable of
detecting or locating underwater objects or features or positioning
surface vessels or underwater vehicles; and specially designed
``parts'' and ``components,'' n.e.s.
* * * * *
170. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A992 is amended:
a. By revising the heading to read;
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section; and
c. By revising the introductory text to ``items'' paragraph a to
read as follows:
6A992 Optical Sensors, not controlled by 6A002, as follows (see List
of Items Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number; ``parts,'' ``components'' and accessories
in $ value
* * * * *
Items:
* * * * *
a. Image intensifier tubes and specially designed ``parts'' and
``components'' therefor, as follows:
* * * * *
171. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A994 is amended:
a. By revising the heading; and
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section to read as follows:
6A994 Optics, not controlled by 6A004, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number
* * * * *
172. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A995 is amended:
a. By revising the heading;
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section; and
c. By revising the ``Note'' following ``items'' paragraph e.2.b to
read as follows:
6A995 ``Lasers'' as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number
* * * * *
Items:
* * * * *
e.2.b. * * *
Note: 6A995.e.2.b does not control multiple transverse mode,
industrial ``lasers'' with output power less than or equal to 2kW
with a total mass greater than 1,200kg. For the purpose of this
note, total mass includes all ``parts'' and ``components'' required
to operate the ``laser,'' e.g., ``laser,'' power supply, heat
exchanger, but excludes external optics for beam conditioning and/or
delivery.
* * * * *
173. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A996 is amended:
a. By revising the heading; and
b. By revising the introductory text to ``Items'' paragraph b to
read as follows:
6A996 ``Magnetometers'' not controlled by ECCN 6A006,
``Superconductive'' electromagnetic sensors as follows (see List of
Items Controlled), and specially designed ``parts'' and
``components'' therefor.
* * * * *
List of Items Controlled
Unit: Equipment in number
* * * * *
Items:
* * * * *
b. ``Superconductive'' electromagnetic sensors, ``parts'' and
``components'' manufactured from ``superconductive'' materials:
* * * * *
174. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A997 is amended by revising the heading to read as follows:
6A997 Gravity meters (gravimeters) for ground use, n.e.s., as
follows (see List of Items Controlled).
* * * * *
175. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A998 is amended:
a. By revising the heading; and
b. By revising ``items'' paragraph a to read as follows:
6A998 Radar systems, equipment and ``major components'' n.e.s., and
specially designed ``parts'' and ``components'' therefor, as follows
(see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
a. Airborne radar equipment, n.e.s., and specially designed
``parts'' and ``components'' therefor.
* * * * *
176. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6B008 is amended by revising the heading to read as follows:
6B008 Pulse radar cross section measurement systems having transmit
pulse widths of 100 ns or less, and specially designed ``parts'' and
``components'' therefor.
* * * * *
177. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6- Sensors and Lasers, Export Control Classification Number
(ECCN) 6B995 is amended:
a. By revising the heading, and
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section to read as follows:
6B995 Specially designed or modified equipment (see List of Items
Controlled), including tools, dies, fixtures or gauges, and other
specially designed ``parts,'' ``components'' and accessories
therefor as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number; ``parts,'' ``components'' and accessories
in $ value
* * * * *
178. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6C992 is amended:
a. By revising the heading; and
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section to read as follows:
6C992 Optical sensing fibers not controlled by 6A002.d.3 that are
modified structurally to have a `beat length' of less than 500 mm
(high birefringence) or optical sensor materials not described in
6C002.b and having a zinc content of equal to or more than 6% by
`mole fraction.'
* * * * *
[[Page 71246]]
List of Items Controlled
Unit: Equipment in number
* * * * *
179. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6C994 is amended:
a. By revising the heading; and
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section to read as follows:
6C994 Optical materials, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number; and accessories in $ value
* * * * *
180. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6D001 is amended:
a. By revising the License Exception TSR paragraph (3) in the
License Exceptions section; and
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
6D001 ``Software'' specially designed for the ``development'' or
``production'' of equipment controlled by 6A004, 6A005, 6A008 or
6B008.
* * * * *
License Exceptions
CIV: * * *
TSR: Yes, except for the following:
* * * * *
(3) Exports or reexports to destinations outside of those 36
countries listed in Sec. 740.20(c)(1) (License Exception STA) of
``software'' specially designed for the ``development'' or
``production'' of equipment controlled by 6A004.c or d, 6A008.d, h,
k or 6B008.
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) ``Software'' specially designed for the
``development'' or ``production'' of ``space qualified'' ``parts''
and ``components'' for optical systems defined in 6A004.c and
``space qualified'' optical control equipment defined in 6A004.d.1
is ``subject to the ITAR'' (see 22 CFR parts 120 through 130). (2)
See also 6D991, and ECCN 6E001 (``development'') for ``technology''
for items controlled under this entry.
* * * * *
181. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6D002 is amended by revising the ``Related Controls'' paragraph
in the List of Items Controlled section to read as follows:
6D002 ``Software'' specially designed for the ``use'' of equipment
controlled by 6A002.b, 6A008 or 6B008.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: (1) ``Software'' specially designed for the
``use'' of ``space qualified'' imaging sensors (e.g., ``monospectral
imaging sensors'' and ``multispectral imaging sensors'') defined in
6A002.b.2.b.1 is ``subject to the ITAR'' (see 22 CFR parts 120
through 130), unless, on or after September 23, 2002, the Department
of State issues a commodity jurisdiction determination indicating
the ``software'' is subject to the EAR. (2) ``Software'' specially
designed for the ``use'' of ``space qualified'' LIDAR equipment
specially designed for surveying or for meteorological observation,
released from control under the note in 6A008.j, is controlled in
6D991. (3) See also 6D102, 6D991, and 6D992.
* * * * *
182. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6D003 is amended by revising the License Exception TSR paragraph
in the License Exceptions section to read as follows:
6D003 Other ``software'' as follows (see List of Items Controlled).
* * * * *
License Exceptions
* * * * *
TSR: Yes, except for exports or reexports to destinations outside of
those 36 countries listed in Sec. 740.20(c)(1) (License Exception
STA) of ``software'' for items controlled by 6D003.a.
* * * * *
183. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6D102 is amended by revising the heading to read as follows:
6D102 ``Software'' specially designed or modified for the ``use'' of
equipment controlled by 6A108.
* * * * *
184. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6D993 is amended by revising the heading to read as follows:
6D993 Other ``software,'' not controlled by 6D003, as follows (see
List of Items Controlled).
* * * * *
185. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6D994 is removed.
186. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6E001 is amended:
a. By revising the License Exception TSR paragraph (4) introductory
text in the License Exceptions section; and
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
6E001 ``Technology'' according to the General Technology Note for
the ``development'' of equipment, materials or ``software''
controlled by 6A (except 6A991, 6A992, 6A994, 6A995, 6A996, 6A997,
or 6A998), 6B (except 6B995), 6C (except 6C992 or 6C994), or 6D
(except 6D991, 6D992, or 6D993).
* * * * *
License Exceptions
* * * * *
TSR: Yes, except for the following:
* * * * *
(4) Exports or reexports to destinations outside of those 36
countries listed in Sec. 740.20(c)(1) (License Exception STA) of
``technology'' for the ``development'' of the following:
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) ``Technology'' according to the General
Technology Note for the ``development'' of the following commodities
is ``subject to the ITAR'' (see 22 CFR parts 120 through 130):
``Space qualified'' (a) ``Parts'' and ``components'' for optical
systems defined in 6A004.c and optical control equipment defined in
6A004.d.1.; (b) Solid-state detectors defined in 6A002.a.1,
``imaging sensors'' (e.g., ``monospectral imaging sensors'' and
``multispectral imaging sensors'') defined in 6A002.b.2.b.1, and
cryocoolers defined in 6A002.d.1 unless on or after September 23,
2002, the Department of State issues a commodity jurisdiction
determination indicating the ``technology'' is subject to the EAR.
(2) See also 6E101, 6E201, and 6E991.
* * * * *
187. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6E002 is amended:
a. By revising the License Exception TSR paragraph (3) introductory
text in the License Exceptions section; and
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
6E002 ``Technology'' according to the General Technology Note for
the
[[Page 71247]]
``production'' of equipment or materials controlled by 6A (except
6A991, 6A992, 6A994, 6A995, 6A996, 6A997 or 6A998), 6B (except
6B995) or 6C (except 6C992 or 6C994).
* * * * *
License Exceptions
* * * * *
TSR: Yes, except for the following:
* * * * *
(3) Exports or reexports to destinations outside of those 36
countries listed in Sec. 740.20(c)(1) (License Exception STA) of
``technology'' for the ``development'' of the following:
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) ``Technology'' according to the General
Technology Note for the ``production'' of the following commodities
is ``subject to the ITAR'' (see 22 CFR parts 120 through 130) when
intended for use on a satellite: ``Space qualified'' (a) ``Parts''
and ``components'' for optical systems defined in 6A004.c and
optical control equipment defined in 6A004.d.1; (b) Solid-state
detectors defined in 6A002.a.1, ``imaging sensors'' (e.g.,
``monospectral imaging sensors'' and ``multispectral imaging
sensors'') defined in 6A002.b.2.b.1, and cryocoolers defined in
6A002.d.1 unless on or after September 23, 2002, the Department of
State issues a commodity jurisdiction determination indicating the
``technology'' is subject to the EAR. (2) See also 6E992.
* * * * *
188. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6E993 is amended by revising the introductory text to ``items''
paragraph a to read as follows:
6E993 Other ``technology,'' not controlled by 6E003, as follows (see
List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
a. Optical fabrication technologies for serially producing
optical ``parts'' and ``components'' at a rate exceeding 10 m\2\ of
surface area per year on any single spindle and having all of the
following:
* * * * *
189. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A001 is amended by revising the heading to read as
follows:
7A001 Accelerometers as follows (see List of Items Controlled) and
specially designed ``parts'' and ``components'' therefor.
* * * * *
190. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A002 is amended by revising the heading to read as
follows:
7A002 Gyros or angular rate sensors, having any of the following
(see List of Items Controlled) and specially designed ``parts'' and
``components'' therefor.
* * * * *
191. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A003 is amended:
a. By revising the heading;
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section; and
c. By revising the introductory text to ``items'' paragraphs a and
c to read as follows:
7A003 Inertial systems and specially designed ``parts'' and
``components,'' as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) See also 7A103 and 7A994. (2) Inertial
Navigation Systems (INS) and inertial equipment, and specially
designed ``parts'' and ``components'' therefor specifically
designed, modified or configured for military use are ``subject to
the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
Items:
a. Inertial Navigation Systems (INS) (gimballed or strapdown)
and inertial equipment, designed for ``aircraft,'' land vehicles,
vessels (surface or underwater) or ``spacecraft,'' for navigation,
attitude, guidance or control and having any of the following and
specially designed ``parts'' and ``components'' therefor:
* * * * *
c. Inertial measurement equipment for heading or True North
determination and having any of the following, and specially
designed ``parts'' and ``components'' therefor:
* * * * *
192. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A004 is amended:
a. By revising the heading; and
b. By revising the ``items'' paragraph b in the List of Items
Controlled section to read as follows:
7A004 `Star trackers' and ``parts and ``components'' therefor, as
follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
b. ``Parts'' and ``components'' specially designed for equipment
specified in 7A004.a as follows:
* * * * *
193. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A005 is amended:
a. By revising the heading;
b. By revising the License Requirements section;
c. By revising the ``Related Controls'' paragraph; and
d. By revising the ``Note'' to ``items'' paragraph b in the List of
Items Controlled section to read as follows:
7A005 Global Navigation Satellite Systems (GNSS) receiving equipment
having any of the following (see List of Items Controlled) and
specially designed ``parts'' and ``components'' therefor.
* * * * *
License Requirements
These items are ``subject to the ITAR'' (see 22 CFR parts 120
through 130).
List of Items Controlled
* * * * *
Related Controls: (1) See also 7A105 and 7A994. Typically
commercially available GPS do not employ decryption or adaptive
antenna and are classified as 7A994. (2) For equipment specially
designed for military use, see Categories XI and XV of the U.S.
Munitions List (22 CFR 121).
* * * * *
Items:
* * * * *
b. * * *
Note: 7A005.b does not apply to GNSS receiving equipment that
only uses ``parts'' and ``components'' designed to filter, switch,
or combine signals from multiple omni-directional antennae that do
not implement adaptive antenna techniques.
* * * * *
194. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A008 is amended by revising the heading to read as
follows:
7A008 Underwater sonar navigation systems using Doppler velocity or
correlation velocity logs integrated with a heading source and
having a positioning accuracy of equal to or less (better) than 3%
of distance traveled ``Circular Error Probable'' (``CEP'') and
[[Page 71248]]
specially designed ``parts'' and ``components'' therefor.
* * * * *
195. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A101 is amended:
a. By revising the heading; and
b. By revising the introductory text to ``items'' paragraph a to
read as follows:
7A101 Accelerometers, other than those controlled by 7A001 (see List
of Items Controlled), and specially designed ``parts'' and
``components'' therefor.
* * * * *
List of Items Controlled
* * * * *
Items:
a. Linear accelerometers designed for use in inertial navigation
systems or in guidance systems of all types, usable in ``missiles''
having all of the following characteristics, and specially designed
``parts'' and ``components'' therefor:
* * * * *
196. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A102 is amended by revising the heading to read as
follows:
7A102 Gyros, other than those controlled by 7A002 (see List of Items
Controlled), and specially designed ``parts'' and ``components''
therefor.
* * * * *
197. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A103 is amended:
a. By revising the heading;
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section; and
c. By revising ``items'' paragraph a and b and the introductory
text to the ``Technical Note'' paragraph at the end of the ``items''
paragraph in the List of Items Controlled section to read as follows:
7A103 Instrumentation, navigation equipment and systems, other than
those controlled by 7A003, and specially designed ``parts'' and
``components'' therefor, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: (1) See ECCN 7A003 and 7A994. (2) For rockets,
missiles, or unmanned aerial vehicles controlled under the U.S.
Munitions List (USML), items described in 7A103.b are ``subject to
the ITAR'' (see 22 CFR parts 120 through 130). (3) Inertial
navigation systems and inertial equipment, and specially designed
``parts'' and ``components'' therefor specifically designed,
modified or configured for military use are ``subject to the ITAR''
(see 22 CFR parts 120 through 130).
* * * * *
Items:
* * * * *
a. Inertial or other equipment using accelerometers or gyros
controlled by 7A001, 7A002, 7A101 or 7A102 and systems incorporating
such equipment, and specially designed ``parts'' and ``components''
therefor;
b. Integrated flight instrument systems, which include
gyrostabilizers or automatic pilots, designed or modified for use in
rockets, missiles, or unmanned aerial vehicles capable of achieving
a ``range'' equal to or greater than 300 km, and specially designed
``parts'' and ``components'' therefor.
c. * * *
Technical Note: An `integrated navigation system' typically
incorporates the following ``parts'' and ``components'':
* * * * *
198. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A104 is amended:
a. By revising the heading; and
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
7A104 Gyro-astro compasses and other devices, other than those
controlled by 7A004, which derive position or orientation by means
of automatically tracking celestial bodies or satellites and
specially designed ``parts'' and ``components'' therefor.
* * * * *
List of Items Controlled
* * * * *
Related Controls: This entry controls specially designed ``parts''
and ``components'' for gyro-astro compasses and other devices
controlled by 7A004.
* * * * *
199. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A105 is amended by revising the heading to read as
follows:
7A105 Receiving equipment for Global Navigation Satellite Systems
(GNSS) (e.g. GPS, GLONASS, or Galileo) having any of the following
characteristics, and specially designed ``parts'' and ``components''
therefor. (These items are ``subject to the ITAR.'' See 22 CFR parts
120 through 130.)
200. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A106 is amended by revising the heading to read as
follows:
7A106 Altimeters, other than those controlled by 7A006, of radar or
laser radar type, designed or modified for use in ``missiles''.
(These items are ``subject to the ITAR.'' See 22 CFR parts 120
through 130.)
201. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A107 is amended by revising the heading to read as
follows:
7A107 Three axis magnetic heading sensors having all of the
following characteristics (see List of Items Controlled), and
specially designed ``parts'' and ``components'' therefor.
* * * * *
202. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A115 is amended by revising the heading to read as
follows:
7A115 Passive sensors for determining bearing to specific
electromagnetic sources (direction finding equipment) or terrain
characteristics, designed or modified for use in ``missiles''.
(These items are ``subject to the ITAR.'' See 22 CFR parts 120
through 130.)
203. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A116 is amended by revising the heading to read as
follows:
7A116 Flight control systems (hydraulic, mechanical, electro-
optical, or electro-mechanical flight control systems (including
fly-by-wire systems) and attitude control equipment) designed or
modified for ``missiles''. (These items are ``subject to the ITAR.''
See 22 CFR parts 120 through 130.)
204. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A117 is amended by revising the heading to read as
follows:
7A117 ``Guidance sets'' capable of achieving system accuracy of
3.33% or less of the range (e.g., a ``CEP'' of 10 km or less at a
``range'' of 300 km). (These items are ``subject to the ITAR.'' See
22 CFR parts 120 through 130.)
205. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A994 is amended:
a. By redesignating the introductory text of the License
Requirement Note in the License Requirements section as License
Requirement Note 1;
b. By adding a License Requirement Note 2 in the License
Requirements section; and
[[Page 71249]]
c. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
7A994 Other navigation direction finding equipment, airborne
communication equipment, all aircraft inertial navigation systems
not controlled under 7A003 or 7A103, and other avionic equipment,
including ``parts'' and ``components,'' n.e.s.
License Requirements
* * * * *
License Requirement Notes
* * *
(2) Typically commercially available GPS do not employ
decryption or adaptive antenna and are classified as 7A994.
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) See also 7A005 and 7A105. (2) QRS11
Micromachined Angular Rate Sensors are ``subject to the ITAR'' (see
22 CFR parts 120 through 130), unless the QRS11-00100-100/101 is
integrated into and included as an integral ``component'' of a
commercial primary or standby instrument system of the type
described in ECCN 7A994, or aircraft of the type described in ECCN
9A991 that incorporates such systems, or is exported solely for
integration into such a system; or the QRS11-00050-443/569 is
integrated into an automatic flight control system of the type
described in ECCN 7A994, or aircraft of the type described in ECCN
9A991 that incorporates such systems, or are exported solely for
integration into such a system. (See Commodity Jurisdiction
requirements in 22 CFR Parts 121; Category VIII(e), Note(1).) In the
latter case, such items are subject to the EAR. Technology specific
to the development and production of QRS11 sensors remains ``subject
to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
206. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7B003 is amended by revising the ``Related Controls''
paragraph (1) in the List of Items Controlled section to read as
follows:
7B003 Equipment specially designed for the ``production'' of
equipment controlled by 7A (except 7A994).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) See also 7B103, (this entry is ``subject to
the ITAR'' (see 22 CFR parts 120 through 130)) and 7B994.
* * * * *
207. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7B103 is amended by revising the heading to read as
follows:
7B103 Specially designed ``production facilities'' for equipment
controlled by 7A117. (These items are ``subject to the ITAR.'' See
22 CFR parts 120 through 130.)
208. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7D001 is amended:
a. By revising the ``RS'' paragraph in the License Requirements
section; and
b. By revising the ``Related Controls'' paragraphs (2) and (3) in
the List of Items Controlled section to read as follows:
7D001 ``Software'' specially designed or modified for the
``development'' or ``production'' of equipment controlled by 7A
(except 7A994) or 7B (except 7B994).
License Requirements
Reason for Control: * * *
Control(s) Country chart
* * * * *
RS applies to ``software'' for inertial RS Column 1.
navigation systems, inertial equipment,
and specially designed ``parts'' and
``components'' therefor, for ``civil
aircraft''.
* * * * *
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (2) The ``software'' related to 7A003.b,
7A005, 7A103.b, 7A105, 7A106, 7A115, 7A116, 7A117, or 7B103 is
``subject to the ITAR'' (see 22 CFR parts 120 through 130). (3)
``Software'' for inertial navigation systems and inertial equipment,
and specially designed ``parts'' or ``components'' therefor, not for
use on civil aircraft is ``subject to the ITAR'' (see 22 CFR parts
120 through 130).
* * * * *
209. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7D003 is amended by adding a Reporting Requirements
section after the License Requirements section to read as follows:
7D003 Other ``software'' as follows (see List of Items Controlled).
* * * * *
Reporting Requirements
See Sec. 743.1 of the EAR for reporting requirements for
exports under License Exceptions, Special Comprehensive Licenses,
and Validated End-User authorizations.
* * * * *
210. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7D101 is amended:
a. By revising the MT paragraph in the Control(s) paragraph of the
License Requirements section; and
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
7D101 ``Software'' specially designed or modified for the ``use'' of
equipment controlled by 7A001 to 7A006, 7A101 to 7A107, 7A115,
7A116, 7A117, 7B001, 7B002, 7B003, 7B101, 7B102, or 7B103.
License Requirements
Reason for Control: * * *
Control(s) Country chart
MT applies to ``software'' for commodities MT Column 1.
controlled for MT reasons.
* * * * *
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) The ``software'' related to 7A003.b, 7A005,
7A103.b, 7A105, 7A106, 7A115, 7A116, 7A117, or 7B103 is ``subject to
the ITAR'' (see 22 CFR parts 120 through 130). (2) ``Software'' for
inertial navigation systems and inertial equipment, and specially
designed ``parts'' and ``components'' therefor, not designed for use
on civil aircraft by civil aviation authorities of a country listed
in Country Group A:1 is ``subject to the ITAR'' (see 22 CFR parts
120 through 130).
* * * * *
211. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7D102 is amended by revising the ``Related Controls''
paragraph in the List of Items Controlled section to read as follows:
[[Page 71250]]
7D102 Integration ``software,'' as follows (See List of Items
Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: The ``software'' related to 7A003.b or 7A103.b is
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
212. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7D103 is amended by revising the heading to read as
follows:
7D103 ``Software'' specially designed for modelling or simulation of
the ``guidance sets'' controlled by 7A117 or for their design
integration with ``missiles''. (This entry is ``subject to the
ITAR.'' See 22 CFR parts 120 through 130.)
213. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7E001 is amended:
a. By revising the RS paragraph in the License Requirements
section;
b. By adding a Reporting Requirements section after the License
Requirements section; and
c. By revising the ``Related Controls'' paragraph (2) in the List
of Items Controlled section to read as follows:
7E001 ``Technology'' according to the General Technology Note for
the ``development'' of equipment or ``software,'' controlled by 7A
(except 7A994), 7B (except 7B994) or 7D (except 7D994).
License Requirements
Reason for Control: * * *
Control(s) Country chart
* * * * *
RS applies to ``technology'' for inertial RS Column 1
navigation systems, inertial equipment,
and specially designed ``parts'' and
``components'' therefor, for ``civil
aircraft.''.
* * * * *
Reporting Requirements
See Sec. 743.1 of the EAR for reporting requirements for
exports under License Exceptions, Special Comprehensive Licenses,
and Validated End-User authorizations.
List of Items Controlled
* * * * *
Related Controls: * * * (2) The ``technology'' related to 7A003.b,
7A005, 7A103.b, 7A105, 7A106, 7A115, 7A116, 7A117, 7B103, software
in 7D101 specified in the Related Controls paragraph of ECCN 7D101,
7D102.a, or 7D103 is ``subject to the ITAR'' (see 22 CFR parts 120
through 130).
* * * * *
214. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7E002 is amended:
a. By revising the RS paragraph in the License Requirements
section;
b. By adding a Reporting Requirements section after the License
Requirements section; and
c. By revising the ``Related Controls'' paragraph (2) in the List
of Items Controlled section to read as follows:
7E002 ``Technology'' according to the General Technology Note for
the ``production'' of equipment controlled by 7A (except 7A994) or
7B (except 7B994).
License Requirements
Reason for Control: * * *
Control(s) Country chart
* * * * *
RS applies to ``technology'' for inertial RS Column 1
navigation systems, inertial equipment,
and specially designed ``parts'' and
``components'' therefor, for ``civil
aircraft.''.
* * * * *
Reporting Requirements
See Sec. 743.1 of the EAR for reporting requirements for
exports under License Exceptions, Special Comprehensive Licenses,
and Validated End-User authorizations.
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (2) The ``technology'' related to 7A003.b,
7A005, 7A103.b, 7A105, 7A106, 7A115, 7A116, 7A117, or 7B103 is
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
215. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7E101 is amended:
a. By revising the RS paragraph in the License Requirements
section; and
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
7E101 ``Technology,'' according to the General Technology Note for
the ``use'' of equipment controlled by 7A001 to 7A006, 7A101 to
7A107, 7A115 to 7A117, 7B001, 7B002, 7B003, 7B101, 7B102, 7B103, or
7D101 to 7D103.
License Requirements
Reason for Control: * * *
Control(s) Country chart
* * * * *
RS applies to ``technology'' for inertial RS Column 1
navigation systems, inertial equipment,
and specially designed ``parts'' and
``components'' therefor, for ``civil
aircraft.''.
* * * * *
* * * * *
List of Items Controlled
* * * * *
Related Controls: The ``technology'' related to 7A003.b, 7A005,
7A103.b, 7A105, 7A106, 7A115, 7A116, 7A117, 7B103, software
specified in the Related Controls paragraph of ECCN 7D101, 7D102.a,
or 7D103 is ``subject to the ITAR'' (see 22 CFR parts 120 through
130).
* * * * *
216. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7E104 is amended by revising the heading to read as
follows:
7E104 Design ``Technology'' for the integration of the flight
control, guidance, and propulsion data into a flight management
system, designed or modified for rockets or missiles capable of
achieving a ``range'' equal to or greater than 300km, for
optimization of rocket system trajectory. (This entry is ``subject
to the ITAR.'' See 22 CFR parts 120 through 130.)
217. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7E994 is amended by revising the ``Related Controls''
paragraph in the List of Items Controlled section to read as follows:
7E994 ``Technology,'' n.e.s., for the ``development,''
``production'' or ``use'' of navigation, airborne communication, and
other avionics equipment.
* * * * *
List of Items Controlled
* * * * *
Related Controls: Technology specific to the development and
production of QRS11 sensors remains ``subject to the ITAR'' (see 22
CFR parts 120 through 130) and (see ECCN 7A994, Related Controls).
* * * * *
218. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 8--Marine, Export Control Classification Number (ECCN) 8A002
is amended:
[[Page 71251]]
a. By revising the heading:
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section;
c. By revising the introductory text to ``Items'' paragraph (a);
d. By revising ``items'' paragraphs a.4, o.1.e, and o.2.d to read
as follows:
8A002 Marine systems, equipment, ``parts'' and ``components,'' as
follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: Systems and equipment in number, ``parts'' and ``components''
in $ value
* * * * *
Items:
a. Systems, equipment, ``parts'' and ``components,'' specially
designed or modified for submersible vehicles and designed to
operate at depths exceeding 1,000 m, as follows:
* * * * *
a.4. ``Parts'' and ``components'' manufactured from material
specified by ECCN 8C001;
* * * * *
o.1.e. Power transmission shaft systems incorporating
``composite'' material ``parts'' or ``components'' and capable of
transmitting more than 1 MW;
* * * * *
o.2.d. Power transmission shaft systems incorporating
``composite'' material ``parts'' or ``components'' and capable of
transmitting more than 2 MW;
* * * * *
219. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 8--Marine, Export Control Classification Number (ECCN) 8A918
is removed.
220. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 8--Marine, Export Control Classification Number (ECCN) 8A992
is amended:
a. By revising the heading;
b. By revising the License Requirements section;
c. By revising ``items'' paragraphs f and g; and
c. By adding paragraphs l and m to the ``items'' paragraph in the
``List of Items Controlled'' section to read as follows:
8A992 Vessels, marine systems or equipment, not controlled by 8A001,
8A002 or 8A018, and specially designed ``parts,'' and ``components''
therefor, and marine boilers and ``parts'' and ``components,''
accessories, and attachments therefor (see List of Items
Controlled).
License Requirements
Reason for Control: AT, UN
Control(s) Country chart
AT applies to entire entry................ AT Column 1
UN applies to 8A992.l and m............... See Sec. 746.1(b) for UN
controls
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
f. Vessels, n.e.s., including inflatable boats, and specially
designed ``parts'' and ``components'' therefor, n.e.s.;
g. Marine engines (both inboard and outboard) and submarine
engines, n.e.s.; and specially designed ``parts'' and ``components''
therefor, n.e.s.;
* * * * *
l. Marine boilers designed to have any of the following
characteristics:
l.1. Heat release rate (at maximum rating) equal to or in excess
of 190,000 BTU per hour per cubic foot of furnace volume; or
l.2. Ratio of steam generated in pounds per hour (at maximum
rating) to the dry weight of the boiler in pounds equal to or in
excess of 0.83.
m. Major components, accessories, and attachments for marine
boilers described in 8A992.l.
221. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 8--Marine, Export Control Classification Number (ECCN) 8D001
is amended by revising the License Exception TSR paragraph in the
License Exceptions section to read as follows:
8D001 ``Software'' specially designed or modified for the
``development'', ``production'' or ``use'' of equipment or
materials, controlled by 8A (except 8A018 or 8A992), 8B or 8C.
* * * * *
License Exceptions
* * * * *
TSR: Yes, except for exports or reexports to destinations outside of
those 36 countries listed in Sec. 740.20(c)(1) (License Exception
STA) of ``software'' specially designed for the ``development'' or
``production'' of equipment controlled by 8A001.b, 8A001.d, or
8A002.o.3.b.
* * * * *
222. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 8--Marine, Export Control Classification Number (ECCN) 8E001
is amended by revising the License Exception TSR paragraph in the
License Exceptions section, to read as follows:
8E001 ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of equipment or materials,
controlled by 8A (except 8A018 or 8A992), 8B or 8C.
* * * * *
License Exceptions
* * * * *
TSR: Yes, except for exports or reexports to destinations outside of
those 36 countries listed in Sec. 740.20(c)(1) (License Exception
STA) of ``software'' specially designed for the ``development'' or
``production'' of equipment controlled by 8A001.b, 8A001.d, or
8A002.o.3.b.
* * * * *
223. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A002 is amended by revising the heading to read as
follows:
9A002 `Marine gas turbine engines' with an ISO standard continuous
power rating of 24,245 kW or more and a specific fuel consumption
not exceeding 0.219 kg/kWh in the power range from 35 to 100%, and
specially designed assemblies, ``parts'' and ``components''
therefor.
* * * * *
224. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A003 is amended by revising the heading to read as
follows:
9A003 Specially designed assemblies, ``parts'' and ``components,''
incorporating any of the ``technologies'' controlled by 9E003.a,
9E003.h or 9E003.i, for any of the following gas turbine engine
propulsion systems (see List of Items Controlled).
* * * * *
225. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A004 is amended by revising the ``Related Controls''
paragraphs (2), (4), (5) and (6) in the List of Items Controlled
section to read as follows:
9A004 Space launch vehicles and ``spacecraft''.
* * * * *
List of Items Controlled
* * * * *
Related Controls:
* * * * *
(2) Space launch vehicles are ``subject to the ITAR'' (see 22
CFR parts 120 through 130).
* * * * *
(4) All other ``spacecraft'' not controlled under 9A004 and
their payloads, and specifically designed or modified ``parts,''
``components,'' accessories, attachments, and associated equipment,
including ground support equipment, are ``subject to the ITAR'' (see
22 CFR parts 120 through 130), unless otherwise transferred to the
Department of Commerce via a commodity jurisdiction determination by
the Department of State.
(5) Exporters requesting a license from the Department of
Commerce for ``spacecraft''
[[Page 71252]]
and their associated ``parts'' and ``components,'' other than the
international space station, must provide a statement from the
Department of State, Directorate of Defense Trade Controls,
verifying that the item intended for export is under the licensing
jurisdiction of the Department of Commerce. All specially designed
or modified ``parts,'' ``components,'' accessories, attachments, and
associated equipment for ``spacecraft'' that have been determined by
the Department of State through the commodity jurisdiction process
to be under the licensing jurisdiction of the Department of
Commerce, and that are not controlled by any other ECCN on the
Commerce Control List, will be assigned a classification under this
ECCN 9A004.
(6) Technical data required for the detailed design,
development, manufacturing, or production of the international space
station (to include specifically designed ``parts'' and
``components'') remains ``subject to the ITAR'' (see 22 CFR parts
120 through 130). This control by the ITAR of detailed design,
development, manufacturing or production technology for NASA's
international space station does not include that level of technical
data necessary and reasonable for assurance that a U.S.-built item
intended to operate on NASA's international space station has been
designed, manufactured, and tested in conformance with specified
requirements (e.g., operational performance, reliability, lifetime,
product quality, or delivery expectations). All technical data and
all defense services, including all technical assistance, for launch
of the international space station, including launch vehicle
compatibility, integration, or processing data, are ``subject to the
ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
226. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A005 is amended by revising the heading to read as
follows:
9A005 Liquid rocket propulsion systems containing any of the
systems, ``parts'' or ``components,'' controlled by 9A006. (These
items are ``subject to the ITAR.'' See 22 CFR parts 120 through
130.)
227. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A006 is amended by revising the heading to read as
follows:
9A006 Systems, ``parts'' and ``components,'' specially designed for
liquid rocket propulsion systems. (These items are ``subject to the
ITAR.'' See 22 CFR parts 120 through 130.)
228. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A007 is amended by revising the heading to read as
follows:
9A007 Solid rocket propulsion systems. (These items are ``subject to
the ITAR.'' See 22 CFR parts 120 through 130.)
229. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A008 is amended by revising the heading to read as
follows:
9A008 ``Parts'' and ``components'' specially designed for solid
rocket propulsion systems. (These items are ``subject to the ITAR.''
See 22 CFR parts 120 through 130.)
230. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A009 is amended by revising the heading to read as
follows:
9A009 Hybrid rocket propulsion systems. (These items are ``subject
to the ITAR.'' See 22 CFR parts 120 through 130.)
231. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A010 is amended by revising the heading to read as
follows:
9A010 Specially designed ``parts,'' ``components,'' systems and
structures, for launch vehicles, launch vehicle propulsion systems
or ``spacecraft''. (These items are ``subject to the ITAR.'' See 22
CFR parts 120 through 130.)
232. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A011 is amended by revising the heading to read as
follows:
9A011 Ramjet, scramjet or combined cycle engines, and specially
designed ``parts'' and ``components'' therefor. (These items are
``subject to the ITAR.'' See 22 CFR parts 120 through 130.)
233. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A012 is amended:
a. By revising the heading;
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section;
c. By revising the introductory text to ``items'' paragraph b; and
d. By revising paragraph b.3 to read as follows:
9A012 Non-military ``unmanned aerial vehicles,'' (``UAVs''),
associated ``airships,'' associated systems, equipment, ``parts''
and ``components,'' as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number; ``parts,'' ``components'' and
accessories in $ value
* * * * *
Items:
* * * * *
b. Associated systems, equipment, and ``parts'' and
``components,'' as follows:
* * * * *
b.3. Equipment, ``parts'' and ``components'' specially designed
to convert a manned ``aircraft'' or a manned ``airship'' to a
``UAV'' controlled by 9A012.a;
* * * * *
234. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A101 is amended by revising the ``Related Controls''
paragraph in the List of Items Controlled section to read as follows:
9A101 Turbojet and turbofan engines, other than those controlled by
9A001, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: 9A101.b controls only engines for non-military
unmanned air vehicles [UAVs] or remotely piloted vehicles [RPVs],
and does not control other engines designed or modified for use in
``missiles,'' which are ``subject to the ITAR'' (see 22 CFR parts
120 through 130).
* * * * *
235. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A103 is amended by revising the heading to read as
follows:
9A103 Liquid propellant tanks specially designed for the propellants
controlled in ECCNs 1C011, 1C111 or other liquid propellants used in
``missiles.'' (These items are ``subject to the ITAR.'' See 22 CFR
parts 120 through 130.)
236. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A104 is amended by revising the heading to read as
follows:
9A104 Sounding rockets, capable of a range of at least 300 km.
(These items are ``subject to the ITAR.'' See 22 CFR parts 120
through 130.)
237. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A105 is amended by revising the heading to read as
follows:
9A105 Liquid propellant rocket engines. (These items are ``subject
to the ITAR.'' See 22 CFR parts 120 through 130.)
238. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export
[[Page 71253]]
Control Classification Number (ECCN) 9A106 is amended:
a. By revising the heading;
b. By revising the ``Unit'' in the List of Items Controlled
section;
c. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section; and
d. By revising the introductory text to ``items'' paragraph d to
read as follows:
9A106 Systems, ``parts'' or ``components,'' other than those
controlled by 9A006, usable in ``missiles,'' and specially designed
for liquid rocket propulsion systems, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
Unit: Equipment, ``parts'' and ``components'' in number
Related Controls: Items described in 9A106.a, .b, and .c are
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
Items:
* * * * *
d. Liquid and slurry propellant (including oxidizers) control
systems, and specially designed ``parts'' and ``components''
therefor, designed or modified to operate in vibration environments
greater than 10 g rms between 20 Hz and 2000 Hz.
* * * * *
239. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A107 is amended by revising the heading to read as
follows:
9A107 Solid propellant rocket motors, usable in rockets with a range
capability of 300 Km or greater, other than those controlled by
9A007, having total impulse capacity equal to or greater than 8.41 x
10\5\ Ns, but less than 1.1 x 10\6\ Ns. (These items are ``subject
to the ITAR.'' See 22 CFR parts 120 through 130.)
240. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A108 is amended by revising the heading to read as
follows:
9A108 Solid rocket propulsion ``parts'' and ``components,'' other
than those controlled by 9A008, usable in rockets with a range
capability of 300 Km or greater. (These items are ``subject to the
ITAR.'' See 22 CFR parts 120 through 130.)
241. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A109 is amended by revising the heading to read as
follows:
9A109 Hybrid rocket motors, usable in rockets with a range
capability of 300 Km or greater, other than those controlled by
9A009, and specially designed ``parts'' and ``components'' therefor.
(These items are ``subject to the ITAR.'' See 22 CFR parts 120
through 130.)
242. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A110 is amended:
a. By revising the heading; and
b. By revising the ``Related Controls'' paragraph (2) in the List
of Items Controlled section to read as follows:
9A110 Composite structures, laminates and manufactures thereof,
other than those controlled by entry 9A010, specially designed for
use in rockets, missiles, or unmanned aerial vehicles capable of
achieving a ``range'' equal to or greater than 300km or the
subsystems controlled by entries 9A005, 9A007, 9A105.a, 9A106 to
9A109, 9A116, or 9A119.
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (2) ``Composite structures, laminates, and
manufactures thereof, specially designed for use in missile systems
are ``subject to the ITAR'' (see 22 CFR parts 120 through 130),
except those specially designed for non-military unmanned air
vehicles controlled in 9A012.
* * * * *
243. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A111 is amended by revising the heading to read as
follows:
9A111 Pulse jet engines, usable in rockets, missiles, or unmanned
aerial vehicles capable of achieving a ``range'' equal to or greater
than 300km, and specially designed ``parts'' and ``components''
therefor. (These items are ``subject to the ITAR.'' See 22 CFR parts
120 through 130.)
244. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A115 is amended by revising the heading to read as
follows:
9A115 Apparatus, devices and vehicles, designed or modified for the
transport, handling, control, activation and launching of rockets,
missiles, and unmanned aerial vehicles capable of achieving a
``range'' equal to or greater than 300 km. (These items are
``subject to the ITAR.'' See 22 CFR parts 120 through 130.)
245. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A116 is amended by revising the heading to read as
follows:
9A116 Reentry vehicles, usable in ``missiles,'' and equipment
designed or modified therefor. (These items are ``subject to the
ITAR.'' See 22 CFR parts 120 through 130.)
246. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A117 is amended by revising the heading to read as
follows:
9A117 Staging mechanisms, separation mechanisms, and interstages
therefor, usable in ``missiles''. (These items are ``subject to the
ITAR.'' See 22 CFR parts 120 through 130.)
247. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A118 is amended by revising the heading to read as
follows:
9A118 Devices to regulate combustion usable in engines which are
usable in rockets, missiles, and unmanned aerial vehicles capable of
achieving a ``range'' equal of 300 Km or greater than 300 Km,
controlled by 9A011 or 9A111. (These items are ``subject to the
ITAR.'' See 22 CFR parts 120 through 130.)
248. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A119 is amended by revising the heading to read as
follows:
9A119 Individual rocket stages, usable in rockets with a range
capability greater than 300 Km or greater, other than those
controlled by 9A005, 9A007, 9A009, 9A105, 9A107 and 9A109. (These
items are ``subject to the ITAR.'' See 22 CFR parts 120 through
130.)
249. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A120 is amended:
a. By revising the heading;
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section; and
c. By revising the ``Related Controls'' paragraph to read as
follows:
9A120 Complete unmanned aerial vehicles, not specified in 9A012,
having all of the following characteristics (see List of Items
Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number
Related Controls: See ECCN 9A012 or the U.S. Munitions List Category
VIII (22 CFR part 121). Also see ECCN 2B352.h for controls on
certain spraying or fogging systems, and ``parts'' and
``components''
[[Page 71254]]
therefor, specially designed or modified for fitting to aircraft,
``lighter than air vehicles,'' or ``UAVs.''
* * * * *
250. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A980 is amended:
a. By revising the heading; and
b. By adding a heading Note to read as follows:
9A980 Nonmilitary mobile crime science laboratories; and
accessories, n.e.s.
Heading Note: In order for a vehicle to be classified as a
nonmilitary mobile crime scene laboratory under ECCN 9A980, the
vehicle must contain one or more analytical or laboratory items
controlled for Crime Control (CC) reasons on the CCL, such as ECCNs
3A980 and 3A981.
* * * * *
251. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A990 is amended:
a. By revising the heading; and
b. By revising ``items'' paragraphs b and c to read as follows:
9A990 Diesel engines, n.e.s., and tractors and specially designed
``parts'' and ``components'' therefor, n.e.s. (see List of Items
Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
b. Off highway wheel tractors of carriage capacity 9 mt (20,000
lbs) or more; and ``major components'' and accessories, n.e.s.
c. On-Highway tractors, with single or tandem rear axles rated
for 9 mt per axel (20,000 lbs.) or greater and specially designed
``major components''.
* * * * *
252. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A991 is amended:
a. By revising the heading;
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section; and
c. By revising ``items'' paragraphs c, d, and e in the List of
Items Controlled section to read as follows:
9A991 ``Aircraft,'' n.e.s., and gas turbine engines not controlled
by 9A001 or 9A101 and ``parts'' and ``components,'' n.e.s. (see List
of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: QRS11 Micromachined Angular Rate Sensors are
``subject to the ITAR'' (see 22 CFR parts 120 through 130), unless
the QRS11-00100-100/101 is integrated into and included as an
integral ``component'' of a commercial primary or standby instrument
system of the type described in ECCN 7A994, or aircraft of the type
described in ECCN 9A991 that incorporates such a system, or is
exported solely for integration into such a system; or the QRS11-
00050-443/569 is integrated into an automatic flight control system
of the type described in ECCN 7A994, or aircraft of the type
described in ECCN 9A991 that incorporates such a system, or are
exported solely for integration into such a system. (See Commodity
Jurisdiction requirements in 22 CFR Part 121; Category VIII(e),
Note(1)) In the latter case, such items are subject to the EAR.
Technology specific to the development and production of QRS11
sensors remains ``subject to the ITAR'' (see 22 CFR parts 120
through 130).
* * * * *
Items:
* * * * *
c. Aero gas turbine engines, and ``parts'' and ``components''
specially designed therefor.
* * * * *
d. ``Parts'' and ``components'' specially designed for
``aircraft'' subject to the controls of ECCN 9A991.a or .b., n.e.s.
e. Pressurized aircraft breathing equipment, n.e.s.; and
``parts'' and ``components'' specially designed therefor, n.e.s.
253. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9- Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9B001 is amended:
a. By revising the ``Unit'' paragraph in the List of Items
Controlled section; and
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
9B001 Equipment, tooling and fixtures, specially designed for
manufacturing gas turbine blades, vanes or ``tip shroud'' castings,
as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: $ value
Related Controls: For specially designed production equipment of
systems, sub-systems, ``parts'' and ``components'' controlled by
9A005 to 9A009, 9A011, 9A101, 9A105 to 9A109, 9A111, and 9A116 to
9A119 usable in ``missiles'' see 9B115. See also 9B991.
* * * * *
254. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9- Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9B002 is amended:
a. By revising the heading; and
b. By revising ``items'' paragraph a in the List of Items
Controlled section to read as follows:
9B002 On-line (real time) control systems, instrumentation
(including sensors) or automated data acquisition and processing
equipment, having all of the following (see List of Items
Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. Specially designed for the ``development'' of gas turbine
engines, assemblies, ``parts'' or ``components''; and
* * * * *
255. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9B003 is amended by revising the heading to read as
follows:
9B003 Equipment specially designed for the ``production'' or test of
gas turbine brush seals designed to operate at tip speeds exceeding
335 m/s, and temperatures in excess of 773 K (500[ordm]C), and
specially designed ``parts,'' ``components'' or accessories
therefor.
* * * * *
256. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9- Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9B009 is amended:
a. By revising the heading; and
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
9B009 Tooling specially designed for producing turbine engine powder
metallurgy rotor ``parts'' and ``components'' capable of operating
at stress levels of 60% of Ultimate Tensile Strength (UTS) or more
and metal temperatures of 873 K (600[deg]C) or more.
* * * * *
List of Items Controlled
* * * * *
Related Controls: See ECCN 9B002.
* * * * *
257. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9- Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9B010 is amended:
a. By revising the heading; and
b. By revising the ``Unit'' paragraph in the List of Items
Controlled section to read as follows:
9B010 Equipment specially designed for the production of ``UAVs''
and associated systems, equipment, ``parts'' and ``components,''
controlled by 9A012.
* * * * *
[[Page 71255]]
List of Items Controlled
Unit: Equipment in number; ``parts'' and ``components'' in $ value
* * * * *
258. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9B115 is amended:
a. By revising heading;
b. By revising ``Unit'' paragraph in the List of Items Controlled
section; and
c. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
9B115 Specially designed ``production equipment'' for the systems,
sub-systems, ``parts'' and ``components'' controlled by 9A004 to
9A009, 9A011, 9A101, 9A103 to 9A109, 9A111, 9A116 to 9A119.
* * * * *
List of Items Controlled
Unit: Equipment in number; ``parts'' and ``components'' in $ value
Related Controls: Although items described in ECCNs 9A004 to 9A009,
9A011, 9A101, 9A104 to 9A109; 9A111, 9A116 to 9A119 are ``subject to
the ITAR'' (see 22 CFR parts 120 through 130), the ``production
equipment'' controlled in this entry that is related to these items
is subject to the EAR.
* * * * *
259. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9B116 is amended:
a. By revising heading;
b. By revising ``Unit'' paragraph in the List of Items Controlled
section; and
c. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
9B116 Specially designed ``production facilities'' for the systems,
sub-systems, ``parts'' and ``components'' controlled by 9A004 to
9A009, 9A011, 9A012, 9A101, 9A103 to 9A109, 9A111, 9A116 to 9A119.
* * * * *
List of Items Controlled
Unit: Equipment in number; ``parts'' and ``components'' in $ value
Related Controls: Although items described in ECCNs 9A004 to 9A009,
9A011, 9A101, 9A104 to 9A109; 9A111, 9A116 to 9A119 are ``subject to
the ITAR'' (see 22 CFR parts 120 through 130), the ``production
equipment'' controlled in this entry that is related to these items
is subject to the EAR.
* * * * *
260. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9-- Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9B990 is amended by revising the heading to read as
follows:
9B990 Vibration test equipment and specially designed ``parts'' and
``components,'' n.e.s.
* * * * *
261. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9B991 is amended by revising the heading to read as
follows:
9B991 Specially designed equipment, tooling or fixtures, not
controlled by 9B001, as described in the List of Items Controlled,
for manufacturing or measuring gas turbine blades, vanes or tip
shroud castings as follows (see List of Items Controlled).
* * * * *
262. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9D001 is amended by revising the ``Related Controls''
paragraph in the List of Items Controlled section to read as follows:
9D001 ``Software'' specially designed or modified for the
``development'' of equipment or ``technology,'' controlled by 9A
(except 9A018, 9A990 or 9A991), 9B (except 9B990 or 9B991) or 9E003.
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) ``Software'' ``required'' for the
``development'' of items controlled by 9A004 is ``subject to the
ITAR'' (see 22 CFR parts 120 through 130). (2) ``Software''
``required'' for the ``development'' of equipment or ``technology''
``subject to the ITAR'' is also ``subject to the ITAR'' (see 22 CFR
parts 120 through 130).
* * * * *
263. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9D002 is amended by revising the ``Related Controls''
paragraph in the List of Items Controlled section to read as follows:
9D002 ``Software'' specially designed or modified for the
``production'' of equipment controlled by 9A (except 9A018, 9A990,
or 9A991) or 9B (except 9B990 or 9B991).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) ``Software'' ``required'' for the
``production'' of items controlled by 9A004 is ``subject to the
ITAR'' (see 22 CFR parts 120 through 130). (2) ``Software''
``required'' for the ``production'' of equipment or ``technology''
``subject to the ITAR'' is also ``subject to the ITAR'' (see 22 CFR
parts 120 through 130).
* * * * *
264. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9D003 is amended by revising the ``Related Controls''
paragraph (2) in the List of Items Controlled section to read as
follows:
9D003 ``Software'' incorporating ``technology'' specified by 9E003.h
and used in ``FADEC Systems'' for propulsion systems controlled by
9A (except 9A018, 9A990 or 9A991) or equipment controlled by 9B
(except 9B990 or 9B991).
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (2) ``Software'' ``required'' for the
``use'' of equipment or ``technology'' ``subject to the ITAR'' is
also ``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
265. In Supplement No. 9 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9D004 is amended by revising ``items'' paragraphs b and e
to read as follows:
9D004 Other ``software'' as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
b. ``Software'' for testing aero gas turbine engines,
assemblies, ``parts'' or ``components,'' specially designed to
collect, reduce and analyze data in real time and capable of
feedback control, including the dynamic adjustment of test articles
or test conditions, as the test is in progress;
* * * * *
e. ``Software'' specially designed or modified for the operation
of ``UAVs'' and associated systems, equipment, ``parts'' and
``components,'' controlled by 9A012;
* * * * *
266. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9D103 is amended by revising the heading to read as
follows:
9D103 ``Software'' specially designed for modelling, simulation or
design integration of ``missiles,'' or the subsystems controlled by
9A005, 9A007, 9A009, 9A105, 9A106, 9A107, 9A108, 9A109, 9A116 or
9A119. (This entry is ``subject to the ITAR.'' See 22 CFR parts 120
through 130.)
267. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export
[[Page 71256]]
Control Classification Number (ECCN) 9D104 is amended:
a. By revising the heading; and
b. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section to read as follows:
9D104 ``Software'' specially designed or modified for the ``use'' of
equipment controlled by 9A001, 9A005, 9A006, 9A007, 9A008, 9A009,
9A010, 9A011, 9A012 (for MT controlled items only), 9A101, 9A105,
9A106.c, .d and .e, 9A107, 9A108, 9A109, 9A111, 9A115, 9A116, 9A117,
or 9A118.
* * * * *
List of Items Controlled
* * * * *
Related Controls: ``Software'' for commodities controlled by 9A005
to 9A011, 9A105, 9A106.c, 9A107 to 9A109, 9A111, 9A115, 9A116,
9A117, and 9A118 is ``subject to the ITAR'' (see 22 CFR parts 120
through 130).
* * * * *
268. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9D105 is amended by revising the heading to read as
follows:
9D105 ``Software'' that coordinates the function of more than one
subsystem, specially designed or modified for ``use'' in rockets,
missiles, or unmanned aerial vehicles capable of achieving a
``range'' equal to or greater than 300 km. (These items are
``subject to the ITAR.'' See 22 CFR parts 120 through 130.)
269. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9E001 is amended by revising the ``Related Controls''
paragraphs (2) and (3) in the List of Items Controlled section to read
as follows:
9E001 ``Technology'' according to the General Technology Note for
the ``development'' of equipment or ``software,'' controlled by
9A001.b, 9A004 to 9A012, 9B (except 9B990 or 9B991), or 9D (except
9D990 or 9D991).
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (2) The ``technology'' required for the
``development'' of equipment controlled by 9A004 is ``subject to the
ITAR'' (see 22 CFR parts 120 through 130). (3) ``Technology,''
required for the ``development'' of equipment or ``software''
``subject to the ITAR,'' is also ``subject to the ITAR'' (see 22 CFR
parts 120 through 130).
* * * * *
270. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9E002 is amended by revising the ``Related Controls''
paragraphs (3) and (4) in the List of Items Controlled section to read
as follows:
9E002 ``Technology'' according to the General Technology Note for
the ``production'' of equipment controlled by 9A001.b, 9A004 to
9A011 or 9B (except 9B990 or 9B991).
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (3) The ``technology'' required for the
``development'' of equipment controlled by 9A004 is ``subject to the
ITAR'' (see 22 CFR parts 120 through 130). (4) ``Technology,''
required for the ``development'' of equipment or ``software''
``subject to the ITAR,'' is also ``subject to the ITAR'' (see 22 CFR
parts 120 through 130).
* * * * *
271. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9E003 is amended:
a. By revising the ``Related Controls'' paragraph in the List of
Items Controlled section;
b. By revising the introductory text of ``items'' paragraphs a and
a.3 in the List of Items Controlled section;
c. By revising ``items'' paragraphs a.4, a.7, a.8, and the
``Technical Note'' to paragraph a.8 in the List of Items Controlled
section;
d. By revising the introductory text of ``items'' paragraph (c) in
the List of Items Controlled section; and
e. By revising ``items'' paragraphs f introductory text, f.1,
f.1.d, h.1, h.2, i.1, i.2, and j in the List of Items Controlled
section to read as follows:
9E003 Other ``technology'' as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) Hot section ``technology'' specifically
designed, modified, or equipped for military uses or purposes, or
developed principally with U.S. Department of Defense funding, is
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
``Technology'' is subject to the EAR when actually applied to a
commercial aircraft engine program. Exporters may seek to establish
commercial application either on a case-by-case basis through
submission of documentation demonstrating application to a
commercial program in requesting an export license from the
Department Commerce in respect to a specific export, or in the case
of use for broad categories of aircraft, engines, ``parts'' or
``components,'' a commodity jurisdiction determination from the
Department of State.
* * * * *
Items:
a. ``Technology'' ``required'' for the ``development'' or
``production'' of any of the following gas turbine engine ``parts,''
``components'' or systems:
* * * * *
a.3. ``Parts'' or ``components'' manufactured from any of the
following: * * * * *
a.4. Uncooled turbine blades, vanes, ``tip shrouds'' or other
``parts'' or ``components,'' designed to operate at gas path total
(stagnation) temperatures of 1,323 K (1,050[deg]C) or more at sea-
level static take-off (ISA) in a `steady state mode' of engine
operation;
* * * * *
a.7. Gas turbine engine ``parts'' and ``components'' using
``diffusion bonding'' ``technology'' controlled by 2E003.b;
a.8. `Damage tolerant' gas turbine engine rotor ``parts'' and
``components'' using powder metallurgy materials controlled by
1C002.b; or
Technical Note: `Damage tolerant' ``parts'' and ``components''
are designed using methodology and substantiation to predict and
limit crack growth.
* * * * *
c. ``Technology'' ``required'' for manufacturing cooling holes,
in gas turbine engine ``parts'' and ``components'' incorporating any
of the ``technologies'' specified by 9E003.a.1, 9E003.a.2 or
9E003.a.5, and having any of the following:
* * * * *
f. ``Technology'' ``required'' for the ``production'' of
specially designed ``parts'' and ``components'' for high output
diesel engines, as follows:
f.1. ``Technology'' ``required'' for the ``production'' of
engine systems having all of the following ``parts'' and
``components'' employing ceramics materials controlled by 1C007:
* * * * *
f.1.d. One or more other ``part'' or ``component'' (including
exhaust ports, turbochargers, valve guides, valve assemblies or
insulated fuel injectors);
h. * * *
h.1. ``Development'' ``technology'' for deriving the functional
requirements for the ``parts'' and ``components'' necessary for the
``FADEC system'' to regulate engine thrust or shaft power (e.g.,
feedback sensor time constants and accuracies, fuel valve slew
rate);
h.2. ``Development'' or ``production'' ``technology'' for
control and diagnostic ``parts'' and ``components'' unique to the
``FADEC system'' and used to regulate engine thrust or shaft power;
i. * * *
i.1. ``Development'' ``technology'' for deriving the functional
requirements for the ``parts'' and ``components'' that maintain
engine stability;
i.2. ``Development'' or ``production'' ``technology'' for
``parts'' and ``components''
[[Page 71257]]
unique to the adjustable flow path system and that maintain engine
stability;
* * * * *
j. ``Technology'' not otherwise controlled in 9E003.a.1 through
a.8, a.10, and .h and used in the ``development'', ``production'',
or overhaul of hot section ``parts'' and ``components'' of civil
derivatives of military engines controlled on the U.S. Munitions
List.
* * * * *
272. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9E101 is amended by revising the ``Related Controls''
paragraph in the List of Items Controlled section to read as follows:
9E101 ``Technology'' according to the General Technology Note for
the ``development,'' ``production'' or ``use'' of commodities or
software controlled by 9A012, 9A101, 9A104 to 9A111, 9A115 to 9A119,
9C110, 9D101, 9D103, 9D104 or 9D105.
* * * * *
List of Items Controlled
* * * * *
Related Controls: ``Technology'' controlled by 9E101 for items in
9A101.b, 9A104 to 9A111, 9A115 to 9A119, 9D103, and 9D105 is
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
273. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9E102 is amended by revising the ``Related Controls''
paragraph (2) in the List of Items Controlled section to read as
follows:
9E102 ``Technology'' according to the General Technology Note for
the ``use'' of space launch vehicles specified in 9A004, or
commodities or software controlled by 9A005 to 9A012, 9A101, 9A104
to 9A111, 9A115 to 9A119, 9B105, 9B106, 9B115, 9B116, 9B117, 9D101,
9D103, 9D104 or 9D105.
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (2) ``Technology'' controlled by 9E102 for
commodities or software ``subject to the ITAR'' (see 22 CFR parts
120 through 130) in 9A004 to 9A011, 9A101.b, 9A104, 9A105, 9A106.a
to .c, 9A107 to 9A111, 9A115 to 9A119, 9B115, 9B116, 9D103,
specified software in 9D104, and 9D105 is ``subject to the ITAR''
(see 22 CFR parts 120 through 130).
* * * * *
Dated: November 16, 2012.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2012-28363 Filed 11-23-12; 11:15 am]
BILLING CODE 3510-33-P